The High Court of Jammu & Kashmir and Ladakh has directed the Commissioner Secretary or any other competent authority to consider the petition seeking permission to take out Muharram procession, after taking in view the overall law and order situation in the Union territory, within three days.
A Bench comprising Chief Justice Pankaj Mithal and Justice Wasim Sadiq Nargal observed on Wednesday that taking out a religious procession in Kashmir was the prerogative of the security agencies, administration and other stakeholders. as it solely depended on the law and order situation prevailing in the Union Territory.
Petitioner Aga Syed Mujtaba Abass, Secretary of a registered trust of Shia community in Srinagar, had filed a PIL before the court for allowing the Shia community to take out religious processions, especially on the 8th of Muharram from Guru Bazaar to Dalgate.
The erstwhile state had banned taking out of Muharram processions in the City Centre in 1989.
The petitioner pointed out that he had filed a representation in this regard to the Commissioner Secretary, Home on June 25 this year. Advocate General D.C. Raina then submitted that the Commissioner Secretary would consider the representation in light of the observations made by the court.
The Court then directed the Commissioner Secretary or any other competent authority to consider the representation after taking input on the maintenance of religious harmony and the law & order situation from all security agencies within three days, since the month of Muharram had begun.