Supreme Court · 1983 INSC 127 · Decided 23 September 1983

Gulam Abbas and Others v. State of U.P. and Others

Court
Supreme Court of India
Citation
1983 INSC 127 · [1984] 1 S.C.R. 64
Case number
MISCELLANEOUS APPLICATION No. 4939/1983
Decided
23 September 1983
Bench
V.D. TULZAPURKAR, D.A. DESAI, A.P. SEN (3-judge bench)
Outcome
Case Allowed
Acts & sections cited
CrPC Section 176(3); Constitution Article 32

Headnote

ConstitUtlon of India-Arts. 25 an'd 26-Scope of-Exercise of reliziou1 rights is subject to maintenance of public order..:....Shifting of graves for the purpose ,of m,aintaining public order is hot irreligious or destructive of llf..ndamental rights. While deciding a writ petition relating to the rights, practices· and observances by members of Shia sect on a plot of land in a mohalta, the Court permanently restrained the Sunni commtinity of that rriohalla by an injunction from interfering with lhe exercise of such rights of Shia community. However, the Court found that in an

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