SC asks UP to implement its 30-yr-old order on shifting graves

In 1978 a writ petition by members of Shia community from Varanasi sought the Supreme Courts direction to shift two graves belonging to Sunnis.

In 1978 a writ petition by members of Shia community from Varanasi sought the Supreme Courts direction to shift two graves belonging to Sunnis. In 1983,the apex court passed a verdict asking the state administration to make sure the two graves are shifted so that both the communities could perform their religious activities without obstruction. However,three decades later,a bench headed by Justice R M Lodha had to ask the UP government how long it would take to implement the courts order.

It has already been long… take a decision… tell us what you propose to do, said Justice Lodha while giving the UP government counsel the last opportunity to come clear on their stand on shifting the graves.

The UP government has sought eight weeks time.

The order was passed on an application filed in 1996,seeking a directive to implement the courts 1983 verdict,since the Shias religious rights were allegedly being infringed upon. Earlier,the counsel for the state had said he proposed to have discussion with the UP chief secretary and home secretary to find a harmonious solution to the dispute. However,till date,UP has failed to hand out a final word on the issue.

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The petition,citing a century-old dispute between the two communities over a piece of land,had pleaded for a final order from the court so that Shias could enjoy their exclusive rights on it for performing religious activities. This petition was filed following an order in 1981 wherein the court held that Shias had established their religious rights over the plot. The SC subsequently appointed a panel of seven persons consisting of nominees of Shias and Sunnis,under the chairmanship of the divisional commissioner of Varanasi,to find a solution. In 1982,the chairman suggested the two graves of Sunnis on the disputed land be shifted to another side of the plot in order to completely demarcate their areas.

When Sunnis protested against the suggestion,the SC clarified that the suggestion was mooted to have a permanent solution to this perennial conflict between the two communities and to ensure smooth and peaceful performance of their religious ceremonies in future in an atmosphere of cordiality and amity between them.

It noted that the two graves had come up in breach of the 1981 order and hence,Sunnis could not assert any right to retain them. We direct that the operation of constructing the boundary wall and shifting the two graves should be carried out by the Varanasi DM under the direction and supervision of the divisional commissioner and in the presence of the representatives of the Shia and Sunni communities. The operation should be completed without any delay and preferably before the advent of Muharram of 1983, the court said. It passed another order detailing how the shifting of graves was to be done.

However,the implementation of this order was deferred owing to religious functions. In 1986,the court put in abeyance its order on shifting of graves for 10 years. In 1996,the impugned application was filed contending that the courts final order must be implemented.

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SC asks UP to implement its 30-yr-old order on shifting graves

In 1978 a writ petition by members of Shia community from Varanasi sought the Supreme Courts direction to shift two graves belonging to Sunnis.

In 1978 a writ petition by members of Shia community from Varanasi sought the Supreme Courts direction to shift two graves belonging to Sunnis.