Civil matter
mohmad ashraf
(Querist) 29 February 2012
This query is : Resolved
Dear sir,
Good after noon
we live in the state of jammu and kashmir,one family migrated from one nearby village and settled approximately more than one hundred twenty years in the present village, now that single family developed in seventeen families.As per muslim traditions we were having common mosque and graveyard.
Can villagers deprive us from mosque or graveyard when government of jammu and kashmir and government of India has recognized us as the residents of this village prior the independance of India. What Redressal can be sought.
Thanks
Shantilal Pandya
(Expert) 29 February 2012
The villagers cannot deprive you from mosque or graveyard, moreover it is your customary civil right to enjoy the said rights , these kind of rights are recognized under the law,there cannot be discrimination against you , you can enjoy those rights as the residents of the village also
you can file civil suit for a declaration of such rights and injunction against disturbance of such rights , if need be such suit can be filed in representative capacity also. for more you can contact me via LCI
Sudhir Kumar, Advocate
(Expert) 29 February 2012
It is an attack to religous freedom. As long as you are muslim you cannot be denied access to mosque or graveyard. If anyone of yu convert to other faith then that perticular person can be denied but not the remainder family.
You can move to High Court and Even SUpreme court for enforcement of Fundamental Rights
Raj Kumar Makkad
(Expert) 29 February 2012
I have also similar opinion as of both the experts.
Shonee Kapoor
(Expert) 04 March 2012
I have no reasons to differ.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
