Judge gives permission for judicial review of policy of council on graves
Walsall Metropolitan Borough Council faces a judicial review in a row over the appearance of a grave.
Atta Ul-Haq won permission for judicial review over his wish to construct a four inches high edge around his father’s grave to prevent it being walked over.
His father is buried in a lawn grave in Walsall’s Streetly Cemetery.
Natalia Garcia of law firm Fountain Solicitors - which is acting for Mr Ul-Haq - said the edging was intended to prevent people from walking across the grave, and bring it into compliance with the requirements of Islam as “it is unanimously agreed upon by all Islamic scholars that to step on a grave is strictly forbidden and the edging sought by Mr Ul-Haq would prevent this”.
She said: “The court has granted permission for judicial review on the basis that it is a matter of public interest that the issue be determined as it is arguable that Walsall Council’s cemetery policy breaches Article 9 ECHR freedom of religion.”
Ms Garcia said the policy to ban edgings meant there was nothing to prevent the grave from being traversed by foot or maintenance machinery “which is against my client’s beliefs”.
A Walsall statement said. “This is a sensitive issue of wider public interest, so it was right that it was heard at a full hearing. If the High Court rules that the Walsall Council policy on ‘lawn principle’ which is in place at some of its cemeteries, needs to be varied, the case will have national consequences.”
It said that the court had ruled that Mr Ul-Haq’s specific challenge to it about his father’s grave had both been ruled out of time for judicial review and that Mr Ul-Haq and/or his lawyers had failed to make a proper application to the council requesting it to vary its cemetery policy on the grounds now alleged.
“In relation to [the challenge to] the general policy, the judge granted permission for the case to proceed to a substantive hearing,” the statement said.
“The judge noted that the threshold for permission to bring judicial review proceedings was extremely low and complimented Walsall Council on the numerous measures it had taken, including the breadth of its consultation, and various accommodations. The council is confident its policy is lawful.”
Mark Smulian
