JUDGEMENT
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(1.)Both these Writ Petitions are filed under Article 226 of the
Constitution of India. Petitioner No.1 in Writ Petition No. 3123/2011 is
a Registered Public Trust bearing No. B 32(N) 1961, which has majority
of Muslim community as its members. Petitioner No.2 is resident of
Mominpura area since birth where the said Masjid of petitioner no.1 is
situated. The petitioners seek relief from indefinite curfew imposed in
the Mominpura area because of burial of one Mohd. Mustafa Mohd.
Ansari , popularly known as Baba in the premises of respondent no.6
Central Tanzim Committee (hereinafter referred to as CTC for short) .
They contend that because of this, education of about 7000 to 8000
students studying in 15 to 20 schools and junior colleges within the
said area is disturbed. It is also alleged that the religious sentiments of
muslim community who offer their prayers in 5 6 masjids located in
the area are also hurt and livelihood of several others who earn it by
carrying small trades, has been adversely affected. Claim is that the
curfew has affected about 3 lacs of people directly or indirectly. The
Baba in relation to whose burial controversy has arisen was a revered
figure. He is referred to as Late Baba in the body of this petition.
(2.)Respondent no.1 before us is the State of Maharashtra,
through its Secretary, Urban Development Department. Respondent
no.2 is Collector and District Magistrate of Nagpur; Respondent no.4 is
Commissioner of Nagpur and Respondent no.5 is Station House Officer
of concerned police station. Respondent no.3 is Nagpur Municipal
Corporation. Respondent nos. 6 to 9 have been added later on.
Respondent no.6 is Central Tanzim Committee (CTC), within whose
premises the body of lt. Baba has been buried. Respondent nos. 7 to 9
are the persons whose names were disclosed by the office of the Police
Commissioner at first hearing before this Court, as persons who may
want to oppose the petition and petitioners in Writ Petition
No.3123/2011 impleaded them accordingly.
(3.)Civil Application No. 1677 of 2011 has been filed by two
residents of Mominpura to direct the Authorities to remove the
encroachment from play ground of the school and to perform
honourable burial of lt. Baba at a place earmarked as muslim Kabrastan
by Nagpur Municipal Corporation.
Civil Application No. 1678 of 2011 is filed by 5 members of
the Central Tanzim Committee, a Public Trust and they also seek similar
relief.
Writ Petition No. 3177/2011 is filed by a citizen resident of
Ansar Nagar, who claims to be interested in the welfare of muslim
community at large and he has also prayed for the relief of exhuming
the body of lt. Baba and to bury it honourably at a specified place in
accordance with the law.
Looking to the nature of the controversy, we have heard
learned Counsel appearing for the petitioners, respondents and
applicants/intervenors finally in both the petitions and with the consent
of all by making Rule returnable forthwith.
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