NASIR HUSAIN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned Counsel for the petitioner Sri Afzal Hasan, learned Counsel for the petitioner and the learned Additional Standing Counsel. The present writ petition under Article 226 has been preferred being aggrieved with the inaction on the part of the district administration in not permitting the petitioner and his Muslim community to perform their religious rites, "Qurbani" (sacrifice) which according to petitioner's Counsel is the message of Holy Quran. It is submitted that the petitioner possesses fundamental right conferred by Articles 25 and 26 of the Constitution of India to perform the religious rites of Quarbani under Personal Law and practice.

(2.) According to petitioner's Counsel, an application was moved to District Magistrate, Bahraich by Muslim community of village Sattijor, post office Bankasahi, Pargana Charda, Tehsil Nanpara, district Bahraich to permit them to perform religious rites of Quarbani of buffaloes and goats etc., at Courtyard of school namely, Aljametul Nooriya Darul Barkat (Madarsa), which is a registered society under the Societies Registration Act. It is submitted that on the festival of Idul-Zuha (Bakreed), the Muslims of the country have right to sacrifice goats buffaloes etc., to perform Quarbani. It is done at the occasion of Idul-Zuha. Submission of petitioner's Counsel is that sacrifice is performed at the high price of goats ranging from Rs. 5,000/- to Rs. 25,000/-.

(3.) The petitioner's Counsel relied upon earlier Division Bench judgment of this Court dated 6.3.1995 passed in Writ Petition No. 6177 of 1990, Mohd. Farooq Nori v. State of U.P. and others. Relying upon the said judgment, petitioner's Counsel submits that the petitioner has right to perform Qurbani at the Madarsa or alike schools.