STATE TIMES NEWS
JAMMU: In a Public Interest Litigation (PIL) filed by Shia Community of Srinagar through its secretary seeking direction upon the state authorities to allow the Shia Community to take out the religious processions in holy month of Moharram especially on the date of August 8, 2022 from Guru Bazaar to Dalgate and to provide security for the said procession, a Division Bench of Jammu & Kashmir comprising Chief Justice Pankaj Mithal and Justice Wasim Sadiq Nargal disposed of PIL with the direction to Commissioner/Secretary Home or any other competent authority to consider the representation of petitioner most expeditiously preferably within three days as the month of Moharram has started.
DB further directed to 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 aforesaid representation as directed.
When the PIL came-up for hearing, DB observed that taking out religious procession especially in Kashmir depends upon the law and order situation.
This Court is unable to assess the land order situation as well as the involvement of security of the nation in taking out such religious processions.
It is in-fact domain of the administration/security agencies and other stake holders to take call on it and to form opinion depending upon the law-and-order situation, religious harmony and security of the nation.
DB further observed that the petitioner has preferred a representation in this regard to Commissioner/Secretary Home on 25th of June 2022, a copy of which has been filed as annexure.
AG DC Raina assisted by Illiyas Nazir Laway GA submits that Commissioner/Secretary will consider the said representation in light of the observations made by this Court above.
DB disposed off PIL with the direction to commissioner/secretary Home or any other competent authority to consider the aforesaid representation of the petitioner most expeditiously preferably within a period of three days as the month of Muharram has started.