Excelsior Correspondent
SRINAGAR, Aug 3: The High Court today directed the authorities to consider the representation of Shia Anjuman for taking out of Muharram procession keeping the maintenance of religious harmony and law and order situation.
The Division Bench of Chief Justice Pankaj Mithal and Justice Wasim Sadiq Nargal while disposing of the PIL on the issue filed by the Jammu and Kashmir Anjuman-e-Sharie Shian through advocate Hilal Akbar Lone and Khurshid Ahmad directed the Commissioner Secretary Home to consider the representation submitted by the Anjuman in this regard within three days.
The DB while passing this direction observed that taking out the religious procession especially in Kashmir depends upon the law-and-order situation. “This court is unable to assess the law-and-order situation as well as the involvement of the security of the nation in taking out such religious procession”, the DB recorded.
Court said it is the domain of the administration and security agencies and other stakeholders 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-Anjuman has preferred a representation in this regard to the Commissioner Secretary, Home, on 25.06.2022. The Advocate General representing the Government submitted that the 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 Muharram has started”, the DB directed
The Commissioner Secretary or any other competent authority, court added, after taking inputs to the maintenance of religious harmony and the law-and order situation from all security agencies of the nation, consider the representation as directed. “The office of the Advocate General is requested to provide a copy of this order by today evening itself to the Commissioner Secretary or any other competent authority deem fit in this regard”, court said.
It was contended before the court that the Government is not officially communicating any reasons for banning the Shia community through any order which would enable them to challenge that order before the competent forum including this Court and the ban on the Muharram processions commemorating as un-democratic and a denial to the Constitutional right of religious.
“Each year, police imposes curfew-like restrictions on Muharram where mourners used to take out Alam procession from Guru Bazar to Dalgate and also 10th Muharram in parts of Srinagar city, including Lal Chowk, the nerve centre of the summer capital”, read the PIL
Anjuman was seeking that the authorities be directed to allow the Shia community to take their religious processions in the holy month of Muharram especially on the date of 8th Muharram from Guru Bazar to Dalgate and to provide necessary security for the religious processions of Shia community to avoid any law and order problems.
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