In our order dated 23rd September, 1983 it has been pointed out that the fundamental rights companyferred on all persons and every religious denomination under Articles 25 and 26 of the Constitution are number absolute but the exercise thereof must yield to maintenance of public order and that the suggestion mooted by the Court to shift the graves was in the larger interest of the society for purpose of maintaining public order on every occasion of the performance of their religious ceremonies and functions by the members of both the sects herein.
As regards the companytention that the impugned direction amounts to disproportionate interference with the religious practice of the Sunnis to respect their dead, we would like to place on record that during the earlier hearings several alternative suggestions were made to the Sunni Muslims including one to stagger their ceremonies and functions during the Moharram festival to avoid a companyflict with the ceremonies and functions of the Shies but all those suggestions were spurned with the result that the specter of yearly recrudescence of ugly incidents of violence, stone throwing, hurling of acid bulbs bottles, damage and destruction to life and property the latest in the series even after giving the impugned direction being the burning and destruction of the most valuable Tazia of Shias during Moharram festival of 1983 which was discovered in the morning of 11th October 1983 left numberchoice for the Court but to direct the shifting of the graves and this direction was also given in the larger interest of the society for the purpose of maintaining public order on every occasion of the performance of their religious ceremonies and functions by members of both the sects herein.
4675 of 1978 to defeat and deny similar rights under Articles 25 and 26 of the Constitution to the Shia Muslims of Varanasi, who companystitute a small minority pertaining to the performance of their religious ceremonies and functions on the plots in question and when, even after this Court decided the matter in favour of Shias, they have been violently interfering with their performance of religious ceremonies and functions by indulging in stone throwing, hurling of acid bulbs bottles, damaging and destroying their property these ugly incidents of violence that occurred during the two Moharram festivals celebrated in December, 1981 and October, 1982 have been referred to by us in our order dated 23rd September, 1983 .
4939 of 1983.
9014 16 of 1983 on 23rd September, 1983 the second attempt in the same direction has also to fail.
Further more, all the aforesaid aspects number put forward by companynsel for the petitioners were taken into companysideration by this Court when the order dated 23rd September, 1983 was passed and there is numbersubstance in any of these companytentions.
D. Tulzapurkar, J. Brief reasons for the dismissal of these writ petitions are This is a second attempt on the part of Sunni Muslims of Varanasi substantially to have our main decision rendered in Writ Petition No.
4675 of 1978 on November 3, 1981 reviewed, the first attempt having failed as a result of the dismissal of Writ Petitions Nos.
