All Muslims regardless of sect have right to offer prayer at any mosque, be buried in any public kabaristan: Kerala High Court

The Kerala High Court recently held that every Muslim, regardless of which sect he belongs to, is entitled to offer prayers in any mosque or bury the dead in a public kabaristan [Elappully Eranchery Jama-ath Palli v Mohammed Haneef & Ors.]..A division bench of Justices SV Bhatti and Basant Balaji held that a Jama-ath (congregation) cannot prevent Muslims belonging to other sects from offering prayers in the mosque or burying their dead in the public kabaristan on their property."A mosque is a place of worship and every muslim offers prayer in the mosque. The 1st defendant (Jama-ath) has no right to obstruct a member of the Jama-ath or any other muslim from offering prayers. The burying of dead bodies is also a civil right. The graveyard situated in the plaint schedule property is a public graveyard. Every muslim is entitled to get a decent burial according to civil rights and the graveyard under the supervision of 1st defendant is a public graveyard, any muslim or any member of the 1st defendant has a right to bury the dead," the order stated..The Court was considering an revision petition moved by a Jama-ath against an order of the Waqf Tribunal, Ernakulam.The plaintiffs in the original suit before the Tribunal (the respondents in the instant) used to be members of the said Jama-ath but were ex-communicated for attending a religious discourse conducted by the Kerala Nadavuthul Mujahideen sect.The plaintiffs were banned from burying their dead in the property of the waqf or offering prayers there promoting them to institute an original suit at the tribunal.The tribunal decreed the suit in favour of the plaintiffs and declared that the plaintiffs and similarly situated persons have the right to offer prayers in the defendant mosque and to bury the dead bodies of the family members in the Jama-ath. .Before the High Court, advocate P Jayaram, appearing for the revision petitioner, submitted that the religious beliefs and practices of its Jama-ath and the Mujahideen sect are different in many ways. He argued that the tribunal's order would only disturb the public order, morality and health of the citizens of the Muslim community and that it is violative of Articles 15 an 25 of the Constitution of India.He further said that the plaintiffs ought to have approached the Wakf Board, which is the authority under Section 69 of the Wakf Act to frame a scheme for the administration of the Wakf.On the other hand, advocate Abdul Azeez, appearing for the plaintiffs, argued that preventing the plaintiffs from offering prayers or bury their dead, merely because they attended a discourse of the Mujahideen sect, was illegal. .The Court said that the contention of the Jama-ath cannot be accepted since every Muslim has the right to offer prayers and bury their dead in public mosques and kabaristans, as are the ones in the property of the Jama-ath."The 1st defendant cannot obstruct the plaintiffs from offering prayers in the mosque and from burying dead bodies of their relatives stating that they have been ex-communicated from the 1st defendant Jama-ath since they followed the Kerala Naduvathul Mujahidhin Sect. ...The said contention will not stand in the eye of the law because every muslim is entitled to offer prayers in any mosque or buried dead bodies in a public khabarsthan (sic). The 1st defendant's mosque and khabarsthan being a public one, the defendants cannot obstruct the plaintiffs in offering prayers and burying the dead," the order stated. Therefore, the Court declined to interfere with the order of the Waqf Tribunal..[Read Order]