- (1.) By these CMPs the petitioners and through them members of the Shia community of Doshipura, Varanasi are seeking implementation of this Court's order dated 23rd September 1983 : (reported in AIR 1983 SC 1268) in the matter of shifting of the two graves of Lal Mohammad and Smt. Sakma and enclosing the open space in the remaining 8 plots (except plot No. 246 on which the mosque stands) by erecting a compound wall.
(2.) With a view to find an effective permanent solution to the perennial problem of recurring ugly incidents of violence and vandalism disturbing public order that prevented the peaceful performance of their relegious rituals, rites and practices by members of the Shia community over the 8 plots in question (except plot No. 246 on which the mosque stands) and the structures standing thereon during the yearly Moharram festivals this Court by its order dated 23rd of September 1983 gave appropriate directions in the matter of (a) shifting of the two graves of Lal Mohammad and Smt. Sakina from their original location to a spot to the South of the grave of Hakim Badruddin and surrounding the said three graves on three sides by a compound wall in such a way as to leave access thereto only from the road on the western side which would ensure to the heirs of Lal Mohammad and Smt. Sakina as also to the members of the Sunni community the performance of the rituals, namely, recitation of Fatiha and laying of Chaddar at those three graves on specified dates during every Moharram; and (b) enclosing the open space in the remaining 8 plots (except plot No. 246 on which the mosque stands) by constructing a compound wall all around so as to prevent any encroachment thereon by members of the Sunni community. The manner in which the aforesaid two things are to be accomplished and the requisite directions in that behalf are contained in this Court's orders dated 23rd September 1983 and 2nd of February. 1984.
(3.) We would like to reiterate our view that the Court has ample powers to direct the shifting of any graves, in the larger public interest and no bar to such shifting could be spelt out legally, constitutionally or in the name of religion and having regard to the past history about the manner in which the members of the Sunni community have behaved and conducted themselves we are of the confirmed view that, the effective solution to the perennial problem in question would be the implementation of the aforesaid orders.;