Law: Constitution of Pakistan, 1973

Section: 20,199

Constitution of Pakistan--- ----Arts. 20 & 199---Religious events---Security plans and arrangements drawn up by government functionaries and security forces responsible for maintaining safety and peace---Such plans and arrangements were not justiciable issues. Subject to law, public order and morality, the Constitution conferred upon every citizen the right to profess, practice and propagate his religion. In a normal/ideal situation, profession and practice of a particular faith by a believer or group thereof should not pose any issue, calling for intervention of State functionaries, however, the state of affairs unfortunately, over time, had deteriorated alarmingly. Routine events of the past had now become, more often than not, security nightmares with no recession or respite being in sight, therefore, with mounting pressures and threats, the functionaries, tasked with the responsibility to maintain peace and tranquility in the society in order to ensure safety of human lives, must be provided autonomy of discretion with enough space to carry out their job without let or hindrance. Security measures were resource intensive arrangements with financial impacts upon public exchequer, therefore, it was essential as well as expedient that exercise of freedom was reasonably regulated on administrative considerations on the paramountcy of larger public interest. Functionaries were the best Judges to evaluate the nature and magnitude of threats so as to take all appropriate remedial measures/steps required to obviate impending disasters, therefore, these were not justiciable issues. THIS ORDER PASSED BY: QAZI MUHAMMAD AMIN AHMED, JUSTICE:---.--- The petitioner, a Shiite Muslim, sought issuance of a mandamus for security arrangements regarding a procession during the month of Moharram-ul-Haram that he claimed to be an annual ritual in the village since the time immemorial; relying upon various Articles of the Constitution of the Islamic Republic of Pakistan, he prayed the High Court to issue appropriate directions to the Deputy Commissioner Chakwal to set in place the measures suggested in the Constitution petition; the request was disposed of by a learned…

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