ORDER : As directed on the previous occasion photographs of the two graves (directed to be shifted) have been filed and matter has come up for further directions. The State of U.P. has filed another C.M.P. No. 3196 of 1984 seeking further directions from the Court. 2. After hearing counsel on both sides as well as counsel for the State of U.P. and after going through the contents of the two applications for directions (C.M.P. Nos. 34586/1983 and 3196/1984) made on behalf of the State of U.P. we are satisfied that there are no insurmountable difficulties in carrying out this Courts order dated 23rd September, 1983 as regards the shifting of the graves. 3. Two or three difficulties were put before us by Counsel for the State of U.P. In the earlier application for directions it was slated that in the matter of removal of the two graves a heavy operation would be required to be undertaken with the help of cranes if the graves are to be removed as one piece or one block or one chunk (a heavy mass of search together with the stony super-structures weighing about 115 M.Ts. and 80 M.Ts. respectively) and having regard to the situation of the plot in question it will be difficult to carry cranes to the site. Therefore, directions were given to the parties to produce photographs of the two graves from all angles in order to ascertain whether the removal of the two graves could be undertaken by following any other method. We have seen the photographs of the two graves and they clearly indicate that the stony super-structures above the ground in the case of each is capable of being dismantled and removed separately and after that is done the graves could be shifted by undertaking a digging operation. This process will obviate the necessity of carrying any crane to the site. In the letter dated 2.2nd of October, 1983, written by Mr. Mohammadullah, Executive Engineer, to Mr. Mittal, the District Magistrate, Varanasi (being Annexure A to the affidavit of Mr. Anand Prakash Garg) the process suggested above has been indicated as the proper and feasible method to undertake the operation of shifting the graves. In the letter dated 2.2nd of October, 1983, written by Mr. Mohammadullah, Executive Engineer, to Mr. Mittal, the District Magistrate, Varanasi (being Annexure A to the affidavit of Mr. Anand Prakash Garg) the process suggested above has been indicated as the proper and feasible method to undertake the operation of shifting the graves. The officer has clearly stated that masonary structure may be shifted separately and, thereafter, the earth of the graves may be shifted in small blocks by undertaking the digging operation and collecting the bones i.e. remains of the dead body and the same may be placed in graves at the other places (being the spots indicated to the south of Hakim Badruddins grave). In our opinion the course mentioned by Mr. Mohammadullah would be proper and would avoid the necessity of undertaking any heavy operation. We, therefore, direct that first the stony super-structures should be dismantled and removed to the proposed site and thereafter the shifting of the graves should be done by undertaking earth digging operation for the purpose of collecting the bones i.e. the remains of the dead body and without causing any damage to the frame of the body if it is intact and putting the same in the new graves that are to be constructed to the south of the grave of Hakim Badruddin. 4. The second difficulty pointed out on behalf of the State of U.P. pertains to the so-called four shops (Gunities) which exist near the place where the graves are to be shifted and it has been staled in the application (C.M.P. No. 3196 of 1984) that "shops are said to be 15 to 20 years old. We inquired from counsel whether there was any material to substantiate the aforesaid averment of the shops being 1 5 to 20 years old but counsel stated that none was available with him at the moment. Having regard to the material which is available on record before us it is impossible to accept that these so-called shops have been in existence for the last 15 to 20 years. During the hearing of the main writ petition this Court had appointed two Commissioners to undertake a survey of the several plots in question as also the structures standing thereon and the Commissioners have submitted their report to this Court in December, 1979. During the hearing of the main writ petition this Court had appointed two Commissioners to undertake a survey of the several plots in question as also the structures standing thereon and the Commissioners have submitted their report to this Court in December, 1979. From (his report it is quite clear that at the time of the spot inspection done in December, 1979, there were no such shops (Gumlics) to the South of the grave of Hakim Badruddin and there was no other structures which means that site was vacant then. Further, on the occasion of 1982 Moharram festival this Court had an occasion to permit the Sunnis to perform their Chaddar function and reading of Fatiah only at the grave of Maulana Hakim Badruddin on 19lh, 20th and 21st November, 1982 and for that purpose the District Magistrate was directed to cordon off certain area around that grave and to make necessary security arrangements for those functions on the said dates, and this was done, which suggests that there were no shops and sheds near about that grave at that time. It will be interesting to note that in the earlier application for directions (C,M. P. No. 34586 of 1983) existence of such Gumties as likely obstacles in the shifting operation was not mentioned as it has been done now in C. M. P. No. 3196 of 1984. In any case the photographs also indicate that there are no shops in the real sense of the word but that some sort of temporary tin-sheds or wooden structures have come up recently sometime after November, 1982. There is, therefore, no material produced before us to show that those sheds (gumties) have been in existence for 15 to 20 years as suggested on behalf of the State. On the other hand, the material on record shows that they must be very recent structures. There is, therefore, no material produced before us to show that those sheds (gumties) have been in existence for 15 to 20 years as suggested on behalf of the State. On the other hand, the material on record shows that they must be very recent structures. Quite clearly the so-called structures, which stand on the land belonging to the Maharaja are unauthorised structures and though the question of shifting of the graves to the south of the grave of Maulana Hakim Badruddin is under consideration of this Court for the past several months in this long drawn out litigation between Sunnis and Shias, no one has come forward laying a claim to the said Gumties or to suggest that these have been in existence since prior to the inspection that was undertaken by the two Commissioners appointed by the Court. These unauthorised Gumties, therefore, do' not present any difficulty and they will have to be and should be removed for the purpose of shifting the two graves to the south of the grave of Maulana Hakim Badruddin as directed by the Court. There is a municipal water tap but the same could be shifted to a convenient place and the Municipality (Nagar Palika) should be asked to do so. We are told that there are four trees near about the spot where the graves are to be shifted but the shifting of the graves and placing them at the new spot (south of the grave of Maulana Hakim Badruddin) should be so undertaken as to preserve the trees as far as possible. 5. Yet another difficulty was mentioned by Counsel arising from our order dated 23rd of September. 1983, which states that the operation of shifting of the graves should be completed with due regard to rituals if any that might be required to be observed at the time of shifting of the graves. In this behalf in our earlier order dated 1st November, 1983 the Sunnis were directed to file either their own affidavit or affidavit of any religious head (Maulana) whom-so ever they want to consult, indicating clearly the rituals, if any, that may be required to be performed at the time of (he shifting of the graves but no affidavit of any Sunni nor of any religious head has been filed so far. In fact, it is stated in C.M.P.No. 3196 of 1984 that the Divisional Commissioner had discussed this matter with number of religious scholars (Ulemas), including Maulana Abdul Salam Nomani, who happens to be the Pesh Imam of Gyan-Vapi Masjid, Varanasi and the Maulana merely opposed the very idea of the shifting of the grave but what is important is that he further stated that since there is no provision in the holy books of Islam for the shifting of the graves no authentic advice should be given as to the rituals and ceremonies for the removal of the grave. It is, thus, clear that there are no ritualsat any rate none is put on record before us by means of any authoritative affidavit. The state counsel has pointed out that as per the opinion of the Pesh Iman the graves could be touched only by the heirs or the relatives of the deceased and failing them only Sunni Muslims should be allowed to touch the graves. In our view, this is no ritual that is required to be performed before the shifting of the graves is undertaken but it is merely an expression of a pious sentiment. Even so, with a view to respect that sentiment we direct that co-operation of the heirs and or the relatives of the deceased and failing them of the Sunnis should be taken in the matter of shifting the graves and such co-operation should be sought by issuing a public notice within 4 days from today in local newspaper but if such co-operation would not be forthcoming within 15 days of the publication of the notice the operation of the shifting of the graves should be undertaken without delay. The state of U.P. has already expressed its apprehension that in the assessment of the District Authorities the relatives of the deceased and for that matter no Sunni will extend co-operation in the matter. Even so, we have given the aforesaid direction of seeking such co-operation from the heirs or relatives of the deceased and from the Sunnis of the locality only with a view to respect the pious sentiment given expression to by the Pesh Imam of Gyan-Vapi Masjid, Varanasi. Even so, we have given the aforesaid direction of seeking such co-operation from the heirs or relatives of the deceased and from the Sunnis of the locality only with a view to respect the pious sentiment given expression to by the Pesh Imam of Gyan-Vapi Masjid, Varanasi. We would, however, reiterate that if the Sunnis do not want to co-operate it would be their choice but they should not in any manner interfere or obstruct the operation of the shifting of the graves and they are restrained by way of injunction from doing so. 6. Counsel for the State reiterated its grave apprehension that this operation might lead to violence, blood-shed or breach of peace. We were not impressed by this plea when it was originally made nor are we impressed with it now and surely this cannot be a ground justifying the non-implementation of this Courts order. We do not wish to use strong words but the State must discharge its constitutional duty to implement this Courts order and obviously with all efforts to avoid the apprehended consequences. Further, it is not for this Court to give directions, as sought, as to how much police force should be deployed, in what manner it should be used and to what extent force should be used, These are all matters for the State Government and its Officers to decide depending upon the need of the situation. We also reject the prayer that an Officer of this Court should remain present at the time of the shifting of the graves as we feel that no officer of this Court should involve or associate himself with the execution or carrying out this Courts order, which is entirely the duty of the executive. 7. We further direct that simultaneously with the shifting of the two graves from their existing position to the south of the grave of Maulana Hakim Badruddin, the work of the cordoning off these three graves by erecting a wall of 12 ft. height on three sides as already indicated in our earlier order should be done. We further direct that the entire operation mentioned above (shifting of the two graves and cordoning off the three graves by a wall) should be completed within 10 weeks from today and compliance report should be filed in this Court immediately thereafter. 8. height on three sides as already indicated in our earlier order should be done. We further direct that the entire operation mentioned above (shifting of the two graves and cordoning off the three graves by a wall) should be completed within 10 weeks from today and compliance report should be filed in this Court immediately thereafter. 8. In addition to the District Magistrate, Varanasi who will implement the aforesaid order under the supervision of the Divisional Commissioner, Varanasi it is obvious that the State Government will have to appoint responsible officers who will be entrusted with the work and will actively participate and help them in the implementation of the operation. We have asked counsel for the State to furnish us the names of the officers who will be deputed for the purpose and counsel has stated that the State will furnish the names within a week from today. 9. Further directions with regard to the construction of the boundary wall will be given at the next date of hearing. To enable the Court to give such directions both parties are directed to file fresh maps indicating the exact location of the entire boundary wall which should be so indicated as to exclude public latrines situate on plot No. 602/1133. These maps should be made available to the Court at the next hearing.