- (1.) As directed on the previous occasion photographs of the two graves (directed to be shifted) have been filed and matter has come up for further directions. The State of U.P. has filed another C.M.P. No. 3196 of 1984 seeking further directions from the Court.
(2.) After hearing counsel on both sides as well as counsel for the State of U.P. and after going through the contents of the two applications for directions (C.M.P. Nos. 34586/1983 and 3196/1984) made on behalf of the State of U.P. we are satisfied that there are no insurmountable difficulties in carrying out this Courts order dated 23rd September, 1983 as regards the shifting of the graves.
(3.) Two or three difficulties were put before us by Counsel for the State of U.P. In the earlier application for directions it was slated that in the matter of removal of the two graves a heavy operation would be required to be undertaken with the help of cranes if the graves are to be removed as one piece or one block or one chunk (a heavy mass of search together with the stony super-structures weighing about 115 M.Ts. and 80 M.Ts. respectively) and having regard to the situation of the plot in question it will be difficult to carry cranes to the site. Therefore, directions were given to the parties to produce photographs of the two graves from all angles in order to ascertain whether the removal of the two graves could be undertaken by following any other method. We have seen the photographs of the two graves and they clearly indicate that the stony super-structures above the ground in the case of each is capable of being dismantled and removed separately and after that is done the graves could be shifted by undertaking a digging operation. This process will obviate the necessity of carrying any crane to the site. In the letter dated 2.2nd of October, 1983, written by Mr. Mohammadullah, Executive Engineer, to Mr. Mittal, the District Magistrate, Varanasi (being Annexure A to the affidavit of Mr. Anand Prakash Garg) the process suggested above has been indicated as the proper and feasible method to undertake the operation of shifting the graves. The officer has clearly stated that masonary structure may be shifted separately and, thereafter, the earth of the graves may be shifted in small blocks by undertaking the digging operation and collecting the bones i.e. remains of the dead body and the same may be placed in graves at the other places (being the spots indicated to the south of Hakim Badruddins grave). In our opinion the course mentioned by Mr. Mohammadullah would be proper and would avoid the necessity of undertaking any heavy operation. We, therefore, direct that first the stony super-structures should be dismantled and removed to the proposed site and thereafter the shifting of the graves should be done by undertaking earth digging operation for the purpose of collecting the bones i.e. the remains of the dead body and without causing any damage to the frame of the body if it is intact and putting the same in the new graves that are to be constructed to the south of the grave of Hakim Badruddin.;