Kochi: The Kerala High Court, while hearing a crucial case, has said in its judgment that any tribe of Muslims can offer prayers in any mosque and bury the bodies in any graveyard. No one can stop them from doing that. A bench of Justices SV Bhatti and Basant Balaji gave the verdict while hearing a case filed by the Wakf Tribunal. In fact, the court was hearing a revision petition filed by the Jamaat against an order passed by the Wakf Tribunal in Ernakulam.
In the original case before the Tribunal (the defendant in the instant), the plaintiffs were members of the said Jamaat (Jama-8) but were ostracised for taking part in a religious discourse organized by the Kerala Nadavuthul Mujahideen sect. The tribunal then ruled in favour of the plaintiff and said that the plaintiff equally has the right to pray in the defendant's mosque and to bury the bodies of family members in the graveyard. The matter was then brought to the High Court. In its order, the court said, "A mosque is a place of worship and every Muslim offers prayer in the mosque. The first respondent (JAMA-8) has no right to prevent a Jamaat member or any other Muslim from offering prayers. Burial of bodies is also a civil right. The cemetery located in the Plaintiffs Schedule property is a public cemetery. Every Muslim is entitled to be buried in a civilised manner under civil rights.''
Advocate P Jayaram, appearing for the revision petitioner before the high court, said the religious beliefs and practices of Jamaat and the mujahideen sects are different in many respects. He said the Tribunal's order will disturb public order. He also termed it as a violation of Articles 15 and 25 of the Constitution. At the same time, advocate Abdul Aziz, appearing for the plaintiff, argued that it was illegal to prevent the plaintiff from offering prayers or burying his dead just because he had joined a speech of the Mujahideen sect.
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