Jammu & Kashmir HC Asks Government to Take a Call on Muharram Procession With-in Three Days
Judicial Quest News Network)
The Jammu & Kashmir & Ladakh High Court on Wednesday asked government to take a call on Muharram procession from Guru Bazar to Dalgate here.
The bench observed,
“It is in-fact the domain of the administration/ security agencies and other stake holders to take a call on it and to form an opinion depending upon the law-and-order situation, religious harmony and security of the nation.”
The petitioner body, a trust of Shia Community of Srinagar through its Secretary Agha Syed Mujtaba Abbas had filed a Public Interest Litigation, seeking direction upon the State authorities to allow the Shia community to take out the religious processions especially on the August 8th from Guru Bazar to Dalgate. In their plea the trust had also sought directions to provide necessary security for the procession.
It is also submitted by the petitioners that they had filed a representation in this regard to the Commissioner Secretary, Home, on June 25,this year and the same is yet to be considered by the UT administration.
The Division bench comprising of Chie Justice Pankaj Mithal and Justice Wasim Sadiq Nargal observed that taking out the religious procession especially in Kashmir depends upon the law-and order situation and this court is unable assess the law-and order situation as well as the involvement of the security of the nation in taking out the procession.
Advocate General D.C.Raina submitted that Commissioner Secretary will consider the representation in light of the observations made by the court. In view of the aforesaid facts and circumstances, we dispose of this writ petition with a direction to the Commissioner Secretary, Home or any other competent authority to consider the above representation of the petitioner most expeditiously preferably within a period of three days as the month of Moharram has started.
The bench has also directed the Commissioner Secretary or any other competent authority after taking inputs to the maintenance of the religious harmony and law –and-order situation from all security agencies of the nation consider the above representation as directed
