Supreme Court of India · 1983-09-23
GHULAM ABBAS(DEAD, THRU LRS) vs STATE OF U.P. .
- Citation / case number
- SC 1978/60577
- Court
- Supreme Court of India
- Petitioner
- GHULAM ABBAS(DEAD, THRU LRS)
- Respondent
- STATE OF U.P. .
- Author
- V.D. TULZAPURKAR
- Bench
- V.D. TULZAPURKAR
Judgment text excerpt
The Supreme Court held that the suggestion to shift graves for maintaining public order does not violate Articles 25 and 26 of the Constitution, which guarantee freedom of religion subject to public order. The Court permanently restrained the Sunni community from interfering with the Shia community's religious practices while acknowledging past violence between the sects. The Court's decision to allow the shifting of graves was aimed at ensuring peace and preventing future disturbances, thus prioritizing public order over individual religious rights.