Supreme Court heard a matter in a Special Leave Petition in which the petitioners appealed against the judgement and order given by the Bombay High Court. By the order and judgement, the high court had issued directions to exhume the body of late Baba who was a muslim with full
respect to his saintly-hood and to arrange for its appropriate
honorable burial in accordance with law, within a period of
three days. The one of the other direction was to take all necessary steps to restore normalcy in the area so as to
prevent the wrongdoers and mischief mongers from
creating/continuing to affect the law and order situation, so
that schools can be reopened and normal tempo of life is
restored.
Facts of the case:
One 'Mohd. Mustafa Mohd. Ansari', popularly known as “Baba” died in 2011. He used to sit outside a school premises and he was respected by people of the locality. The school premises was leased out to Central Tanzeem Committee by the Government.
After the death of "baba", some people forcefully took his body and entered into the premises of the school, dug in the playground of the school and buried his dead body. As a result of this illegal act, there was disturbance of law and order in the locality and consequently there was also disturbance of the communal harmony amongst two sects at Mominpura. Since no action was taken by the police, the petitioners filed a writ petition in the high court who later adjudicated upon the matter however being aggrieved by the findings recorded by the high court, the parties moved to the Apex Court.
The Supreme Court while hearing the case, referred to various fatwas issued by the religious heads amd also some previous adjudged cases of similar issues. The court also considered the scope and ambit of Articles 25 and 26 of the Constitution of India while deciding on this case.
The court found that there was statutory violation in the unauthorized action of burial of the saint and Article 226 of the Constitution of India was the only remedial measure available. There was also the statutory violation in the instant case of Section 269 of the City of Nagpur Corporation Act and as held by the High Court, there was also violation of Section 133 of the Code of Criminal Procedure.
The action created tention in the public place and disturbed law and order there.
The court stated that "We also direct that the dead body of the saint would be exhumed from the place of its present burial and shifted to another appropriate place and buried in accordance with law with all dignity and respect and he shall be laid in peace for enabling his devotees to offer their prayers and respects as and when they desire in accordance with law."
Read the full judgement here.
Facts of the case:
One 'Mohd. Mustafa Mohd. Ansari', popularly known as “Baba” died in 2011. He used to sit outside a school premises and he was respected by people of the locality. The school premises was leased out to Central Tanzeem Committee by the Government.
After the death of "baba", some people forcefully took his body and entered into the premises of the school, dug in the playground of the school and buried his dead body. As a result of this illegal act, there was disturbance of law and order in the locality and consequently there was also disturbance of the communal harmony amongst two sects at Mominpura. Since no action was taken by the police, the petitioners filed a writ petition in the high court who later adjudicated upon the matter however being aggrieved by the findings recorded by the high court, the parties moved to the Apex Court.
The Supreme Court while hearing the case, referred to various fatwas issued by the religious heads amd also some previous adjudged cases of similar issues. The court also considered the scope and ambit of Articles 25 and 26 of the Constitution of India while deciding on this case.
The court found that there was statutory violation in the unauthorized action of burial of the saint and Article 226 of the Constitution of India was the only remedial measure available. There was also the statutory violation in the instant case of Section 269 of the City of Nagpur Corporation Act and as held by the High Court, there was also violation of Section 133 of the Code of Criminal Procedure.
The action created tention in the public place and disturbed law and order there.
The court stated that "We also direct that the dead body of the saint would be exhumed from the place of its present burial and shifted to another appropriate place and buried in accordance with law with all dignity and respect and he shall be laid in peace for enabling his devotees to offer their prayers and respects as and when they desire in accordance with law."
Read the full judgement here.
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