Court Order - Idara-e

IN THE HIGH COURT OF JUSTICE
Claim No. HQ14X01258
BEFORE HHJ SEYMOUR QC SITTING AS A JUDGE OF THE HIGH COURT
QUEEN’S BENCH DIVISION
BETWEEN
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MOHAMMED RAZA
DR. WASI HAIDER
S.M.ALI JAFFRI
SYED NADEEM NAQVI
SYED NAVEED NAQVI
HAMID RAZA
EHSAN RAZA
ASLAM HAIDRI
SIKANDER MIRZA
SYED REHAN JAFRI
ASAD HUSSAIN
HANAWAZ ZAIDI
APPLICANTS / CLAIMANTS
AND
NADEEM MALIK
SALMAN HAIDER
AMIR ABBAS
SYED SHERAZI
QASIM HUMDANI
SAJJAD HUMDANI
SYED QUMBER ALI NAQVI
SYED ALI IMRAN BUKHARI
IMRAN HUMDANI
NAZIM SHAH
NAQI TREMASI
ASAD SHAH
SOHAIL HUSSAIN
SYED ATTA MEHDI
ANJUM HUSSAIN
SYED HASSAN MOOSVI
SHARAZ MIR
ASIF ZAIDI
RAZA ABBAS MIR
TOOQEER ABBAS MIR
MAZAHIR HUSSAIN
NADEEM ABBAS MIR
RESPONDENTS / DEFENDANTS
DRAFT MINUTE OF ORDER
31st MARCH 2014
PENAL NOTICE
You
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NADEEM MALIK
2.
SALMAN HAIDER
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AMIR ABBAS
4.
SYED SHERAZI
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QASIM HUMDANI
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SAJJAD HUMDANI
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SYED QUMBER ALI NAQVI
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SYED ALI IMRAN BUKHARI
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IMRAN HUMDANI
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NAZIM SHAH
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NAQI TREMASI
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ASAD SHAH
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SOHAIL HUSSAIN
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SYED ATTA MEHDI
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ANJUM HUSSAIN
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SYED HASSAN MOOSVI
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SHARAZ MIR
18.
ASIF ZAIDI
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RAZA ABBAS MIR
20.
TOOQEER ABBAS MIR
21.
MAZAHIR HUSSAIN
22.
NADEEM ABBAS MIR
must obey the terms of this document whether you gave an undertaking to the Court
through your Counsel or the Court made an order against you.
If you do not obey the terms of this document, you will be guilty of contempt of
Court, and you may be imprisoned and/or fined or have your assets seized.
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Any other person(s) who know(s) of the order or undertakings herein and does
anything which helps or permits you to breach the order or undertakings may also be
held in contempt of court and may be imprisoned, fined or have their assets seized.
UNDERTAKINGS AND ORDER
UPON HEARING Mr F. Khan, Counsel for the Claimants, and Mr M. Farber,
Counsel for the 20 Defendants named in the undertaking set out in the paragraph of
this Order below, namely, all Defendants save Syed Ali Imran Bukhari and Naqi
Tremasi
AND UPON hearing the Claimants’ Application dated 24th March 2014 for an
injunction restraining the Defendants from entering the Idara-e-Jaaferiya Mosque and
Community Centre at 18, Church Lane, London SW17 9PP
AND UPON
1.
NADEEM MALIK
2.
SALMAN HAIDER
3.
AMIR ABBAS
4.
SYED SHERAZI
5.
QASIM HUMDANI
6.
SAJJAD HUMDANI
7.
SYED QUMBER ALI NAQVI
8.
IMRAN HUMDANI
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NAZIM SHAH
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ASAD SHAH
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SOHAIL HUSSAIN
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SYED ATTA MEHDI
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ANJUM HUSSAIN
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SHARAZ MIR
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ASIF ZAIDI
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RAZA ABBAS MIR
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TOOQEER ABBAS MIR
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MAZAHIR HUSSAIN
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NADEEM ABBAS MIR
20.
SYED HASSAN MOOSVI
undertaking by their Counsel until trial or further Order that none of the Defendants
will without the express consent of all Claimants:
(i)
either himself or with any other(s) engage in any form of self-flagellation,
including but not restricted to Zanjeer Matam, Qama Zani or Blade Matam;
(ii)
either himself or through or with any other(s) encourage or assist anyone else
to engage in any act described in (i) above;
(iii)
either himself or with any other(s) engage in any disorderly conduct at or
within 30 metres of the premises of the Idara-e-Jaaferiya Mosque and
Community Centre at 18, Church Lane, London SW17 9PP;
(iv)
either himself or through or with any other(s) encourage or assist anyone else
to engage in any act described in (iii) above.
AND UPON the Claimants undertaking through their Counsel to pay to Syed Ali
Imran Bukhari and Naqi Tremasi any damages ordered by the Court to which he/they
is/are entitled if the Court later decides that he/they has/have suffered loss or damage
as a result of this Order
IT IS ORDERED THAT:
1.
Syed Ali Imran Bukhari and Naqi Tremasi must not enter upon the premises
of the Idara-e-Jaaferiya Mosque and Community Centre, 18, Church Lane,
London SW17 9PP until further order of the Court or without the express
consent of all Claimants.
2.
There be permission for the Claimants or any of the Defendants to apply to
vary or discharge this Order upon giving not less than 72 hours written notice
to the other parties of their intention to do so.
3.
There be no further order in respect of the Claimants’ Application save that
the costs of today be reserved.
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