Earnest efforts by four youth to mend their ways and not clog up the judicial system were met with equal enthusiasm by the Bombay High Court. A division bench came up with a novel punishment: It sentenced the young men to community service at the Makhdoom Shah Baba Dargah (Mahim Dargah) and its associated kabrastan (cemetery) in lieu of quashing criminal proceedings against them.
A division bench comprising Justices B P Dharmadhikari and Revati Mohite Dhere was deciding on a case involving Abdul Ansari (19), Mohammed Athar Shaikh (22), Ashutosh Meher (18) and Bhushan Pednekar (19) on Friday. All four were booked by Mahim Police for rioting in a public place. The two groups – one from Dharavi and the other from Mahim Koliwada -- broke into a scuffle on the Foot-over-Bridge in 2017. The annual Mahim fair was underway and police took strict action against all those involved.
Two years on, all four decided not to pursue their cases against each other and approached the court to quash their cases against each other. They said they preferred to settle the matter amongst themselves to prevent the abuse of process of law and holding up of other, more important, cases.
Pednekar and Meher have been assigned to the Mahim dargah, while Ansari and Shaikh have to work in the cemetery. All four will have to work between 11 am and 2 pm for the next four Sundays.
The judges' unique approach seems to have had the desired effect. "Two years of stress is finally over," says Ansari. "I will do community service as told and see to it that the case is quashed. I will also not get into such problems in the future."
"I want to forget the matter and move on with life," said Shaikh, who works in a private firm in Dadar. "Because of this case, I was put behind bars and lost my salary. I don't want this to happen again."
Pednekar and Meher will have to help devotees layout the flower chaddars offered at the tomb, while Ansari and Shaikh will help maintain the cemetery by deweeding, clearing paths and trimming shrubbery.
The dargah's trustee, Rizwan Merchant, who served as amicus curiae in the case, was also happy with the decision "The police should be more lenient for such petty offences, and not burden the courts," he said.
DRAMA AT DARGAH
- The then teenagers broke into a scuffle on the foot-over-bridge near Mahim dargah in 2017
- They have been directed to work at the Mahim dargah and cemetery for three hours on four Sundays
- They will have to help devotees with the offerings at the shrine; and clear the paths between graves in the cemetery
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
 "Mahim fair")
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
)
){kind=small}
){kind=small}
)
)
)
)
)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}