Allahabad HC Stays Arrest Of Man Booked Under PDPP Act For Cremating Mother's Dead Body Allegedly In A Muslim Graveyard

The Allahabad High Court recently stayed the arrest of a man who has been booked under the Prevention of Damage to Public Property Act and under various sections of IPC for cremating the dead body of his mother in a Muslim graveyard which is recorded in the revenue record as a Waqf property.

The Bench of Justice Devendra Kumar Upadhyaya and Justice Saroj Yadav was hearing the plea filed by one Mohd. Aslam seeking quashing of the FIR filed against him under Sections 353, 447,34, 504 IPC and under Section 2/3 of Prevention of Damage to Public Property Act.

Case background

Essentially, it has been alleged in the FIR that on November 23, 2021, the petitioner was digging the grave of his mother for cremating her dead body on public property and despite the fact that he was told that his act was illegal, he forcefully cremated the dead body.

Allegedly, when the revenue inspector tried to stop him, he did not pay heed to him and rather and abused him and became ready to assault him, therefore, since the aforesaid act was being committed by a particular class of person in order to grab the land and due to it, the law and order situation could have turned worse, the FIR was registered.

Arguments put forth

On the other hand, the counsel for the petitioner, Abhishek Singh, and Dharmendra Pratap Singh submitted before the Court that in reality, the alleged land has been a part of the Muslim graveyard for more than 150 years and the Muslim residents of Ramnagar Town cremate the dead bodies of their beloved on the same.

However, it was contended before the Court that despite the fact that the land has been shown in the map of the town area as a Muslim graveyard, the same was not recorded in the revenue records.

It was also submitted before the Court that repeated reminders have been sent by the officers of the U.P. Sunni Central Wakf Board including the Chief Executive Officer as well as Survey Commissioner Wakf, U.P. to the District Magistrate Barabanki to correct the revenue records and mark the same as Wakf owned Muslim Graveyard, however, till date no action had been taken.

"...it is at the behest of the aforesaid private parties who are hand in glove with the local administration and the Police P.S. Ramnagar the present case has been lodged against the petitioner by way of impugned F.I.R. in order to harass him and gain political mileage in the upcoming elections as well as repel the future efforts of the wakf to regain its properties...the petitioner performed his religious rituals on the wakf land which is reserved for muslim graveyard by cremating his old age mother and no reasonable person who is in the state of shock and sadness would commit any offence on the occasion of the death of his mother," the FIR quashing plea states.

Having regard to the overall facts and circumstances of the case, the Court ordered that the petitioner shall not be arrested in connection with aforesaid case crime till the next date of listing.

Respondents have been asked to file their counter affidavit within four weeks and with this, the petitioner has been asked to cooperate with the investigation.

Case title - Mohd. Aslam v. State Of U.P.Thru.Prin.Secy.Home, Lucknow & Ors.

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