Take A Call On Muharram Procession Within 3 Days: High Court To J&K Admin

The Jammu & Kashmir & Ladakh High Court on Wednesday asked government to take a call on granting permission to take out Muharram procession in certain areas of Srinagar.

The bench observed,

It's the domain of the administration, security agencies and other stake holders to take a call on it.

The petitioner body, a Trust of Shia community of Srinagar through its Secretary Aga Syed Mujtaba Abass 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.

The petitioners also submitted that the body has filed a representation in this regard to the Commissioner Secretary, Home, on 25 June this year and the same is yet to considered by the UT administration.

Dealing with the matter the bench comprising Chief 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 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 bench further 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."

Assisting the court in the matter 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 Muharram has started," the court said.

The bench further directed that the Commissioner Secretary or any other competent authority after taking inputs to the maintenance of religious harmony and the law-and- order situation from all security agencies of the nation consider the above representation as directed.

Case Title : Aga Syed Mujtaba Abass v Union Territory of J&K and others

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