Shahabuddin on Mathura Dispute


 

I - Letter to NCM Chairman, 18 August, 2000

The current disturbance in Mathura is yet another example of municipal/administrative negligence in demarcating the graveyards, now within the municipal areas and of the Wakf authorities in building boundary walls around them. So long as they remain open, they are bound to attract unlawful occupation, both by the Muslims and the non-Muslims under one pretext or the other, particularly because with urban expansion they have become commercially valuable. However, public graveyards are public Wakfs and do not attract limitation. Unlawful occupation can, therefore, be removed easily, if such public Wakfs (and other public religious endowments of public character) are declared as 'public premises' for purposes of vacation of unlawful occupation. The trouble in Mathura arose because part of a graveyard whose title was sub-judice was sought to be bull-dozed and built over by a private party, apparently with the connivance of local police and the support of the local. Parivar Clements. The Muslim youth protested and clashed with the police. At lest 3 (if not 6) persons have lost their life.

I request the Commission to visit Mathura and apart from short-term recommendations on the local developments, to recommend nation-wide long-term measures for demarcation of public graveyards and for construction of boundary walls by the community, with financial assistance by the Government, as indicated in 1981 on the floor of the Parliament by the then Home Minister Giani Zail Singh after the Bihar Sharif Riots.

Il - Letter to UP Chief Minister,18 Aug., 2000

May I draw your attention to the unfortunate situation in Mathura when at least 3, if not 6, lives have been lost in police firing on Muslim youth who were demonstrating against bull-dozing of, and construction on, a part of a graveyard under dispute. It is unfortunate that the local authorities and the police remained silent spectators for 2 days. I request you

a) to instruct the local authorities to maintain status quo till the title to the disputed land is judicially decided;

b) to order a judicial inquiry in the police firing which appears to be excessive;

c) to sanction ex-gratia payment to the next-of-kin of those killed, in accordance with the national norms.

You may also like to order demarcation of all public graveyards in urban areas in accordance with land/municipal records and construction of boundary walls with the use of Government funds, if necessary, in order to avoid recurrence of such disputes.





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