Judgment ORDER :- By these CMPs the petitioners and through them members of the Shia community of Doshipura, Varanasi are seeking implementation of this Courts order dated 23rd September 1983 : (reported in AIR 1983 SC 1268 ) in the matter of shifting of the two graves of Lal Mohammad and Smt. Sakma and enclosing the open space in the remaining 8 plots (except plot No. 246 on which the mosque stands) by erecting a compound wall. 2. With a view to find an effective permanent solution to the perennial problem of recurring ugly incidents of violence and vandalism disturbing public order that prevented the peaceful performance of their relegious rituals, rites and practices by members of the Shia community over the 8 plots in question (except plot No. 246 on which the mosque stands) and the structures standing thereon during the yearly Moharram festivals this Court by its order dated 23rd of September 1983 gave appropriate directions in the matter of (a) shifting of the two graves of Lal Mohammad and Smt. Sakina from their original location to a spot to the South of the grave of Hakim Badruddin and surrounding the said three graves on three sides by a compound wall in such a way as to leave access thereto only from the road on the western side which would ensure to the heirs of Lal Mohammad and Smt. Sakina as also to the members of the Sunni community the performance of the rituals, namely, recitation of Fatiha and laying of Chaddar at those three graves on specified dates during every Moharram; and (b) enclosing the open space in the remaining 8 plots (except plot No. 246 on which the mosque stands) by constructing a compound wall all around so as to prevent any encroachment thereon by members of the Sunni community. The manner in which the aforesaid two things are to be accomplished and the requisite directions in that behalf are contained in this Courts orders dated 23rd September 1983 and 2nd of February. 1984. 3. The manner in which the aforesaid two things are to be accomplished and the requisite directions in that behalf are contained in this Courts orders dated 23rd September 1983 and 2nd of February. 1984. 3. We would like to reiterate our view that the Court has ample powers to direct the shifting of any graves, in the larger public interest and no bar to such shifting could be spelt out legally, constitutionally or in the name of religion and having regard to the past history about the manner in which the members of the Sunni community have behaved and conducted themselves we are of the confirmed view that, the effective solution to the perennial problem in question would be the implementation of the aforesaid orders. 4. However, for the two Moharram festivals of 1984 and 1985. instead of implementing the shifting of the graves. the Court, as an experimental measure gave certain directions on the basis of which the members of the Shia community would be able to perform their rites, rituals, functions and practices on the plots in question in a peaceful manner without any let or hindrance by any member of the Sunni community or any other person whatsoever and particularly directions were given to the District Magistracy as also to the police authorities in that behalf. All the detailed directions on the basis of which the experimental measure was to be put through are to be found in this Courts orders dated 28th September 1984* and 7th May 1985 and we are happy to find that but for some minor incidents of breach of peace and some incidents involving damage to the Tazia and Zulzana (ceremonial horse) belonging to the members of Shia community that occurred during the Moharram festivals of 1984 and 1985, the experimental measure has by and large proved successful and has ensured peaceful performance of religious rites, rituals, practices and functions by the members of the Shia, community and we are of the opinion that the same experiment governed by the same directions but with some agreed modifications could be continued for quite a few years to come. We, therefore, direct that this Courts orders dated 23rd September 1983 and 2nd of February 1984 are kept in abeyance for a period of 10 years, that is, up to December 1995 during which years experiment carried out in the years 1984 and 1985 under the directions contained in this Courts orders dated 28th September 1984 and 7th of May 19.85 should be carried out subject to the following modifications : * Reported in (1984) 4 SCC 607 (1) Instead of cordoning the. two graves of Lal Mohammad and Smt. Sakina by barbed wire fencing on all sides as was being done for the purpose of the Moharram festivals of 1984 and 1985. the said two graves should now be permanently enclosed by surrounding them with a brick masonry wall of 12 in height on all sides thus cordoning off and sealing the same with access to none for all times to come. The heirs of Lal Mohammad and Smt. Sakina as well as members of Sunni community having offered to give up their existing or supposed rights of performing the recitation of fatiha and Chaddar functions at the said two graves for all times to come in future the aforesaid step by way of permanently sealing the two graves should be taken and the surrounding wall should be constructed by the State Government at its expense within a period of four months from today. We might mention that the learned Attorney General in his report had also approved of such a step being taken. We would like to state that parties appearing before us had agreed to follow this course and hence the direction. (2) The question of putting up a compound wall or wire fencing surrounding the open space in the remaining plots in question except plot No. 246 (where the mosque stands) is, therefore. deferred for the present. (3) Parties are agreed that the unauthorised Gumties lying near plots Nos. 602/1133 and 602 will be removed by the State Government at its own expense within four months from today. (4) The petitioners and the members of the Shia community through them will be at liaberty to withdraw the sum of Rs. 1,32,250 deposited by them with the concerned authorities pursuant to this Courts order dated 2nd February, 1984. 602/1133 and 602 will be removed by the State Government at its own expense within four months from today. (4) The petitioners and the members of the Shia community through them will be at liaberty to withdraw the sum of Rs. 1,32,250 deposited by them with the concerned authorities pursuant to this Courts order dated 2nd February, 1984. Subject to the aforesaid modifications we direct that the experimental measure that was carried out in the 1984 and 1985 Moharram festivals should be carried out for a period of 10 years, that is to say up to December. 1995 and the same should be strictly governed by the directions contained in this Courts orders dated 28th September 1984 and 7th May, 1985. 5. Liberty to the parties to apply in the meantime if the experimental measure fails in any of the 10 years or any other occasion arises. Order accordingly. For Citation : AIR 1986 SC 1017 =(1986) 2 U.J. (SC) 282. Vikas Info Solutions Pvt. Ltd.