| Citation(s) |
|---|
| 2019 SLG 3273 2019 SLD 3273 2019 PLD 44 |
High Court (AJ&K)
Writ Petition No. 2191 of 2018, decision Dated: 20-03-2019.
SADAQAT HUSSAIN RAJA, JUSTICE
Petitioner(s) by: Sheikh Mushtaq Ahmed
Respondent(s) by: Nemo
Writ Petition No. 2191 of 2018, decision Dated: 20-03-2019.
SADAQAT HUSSAIN RAJA, JUSTICE
Petitioner(s) by: Sheikh Mushtaq Ahmed
Respondent(s) by: Nemo
ZAFFAR MAHMOOD KHAN AND 5 OTHERS
VS
AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR, THROUGH CHIEF SECRETARY AND 7 OTHERS
Law: Azad Jammu and Kashmir Maintenance of Public Order Ordinance (XLV of 1980)
Section: 5
Law: Azad Jammu and Kashmir Interim Constitution Act, 1974
Section: 4.5,44
(a) Azad Jammu and Kashmir Maintenance of Public Order Ordinance (XLV of 1980)--- ----S. 5---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.4.5---Writ petition---Maintainability---Ban on entry in the territory of Azad Jammu and Kashmir---Freedom of movement---Right of religion---Scope---Deputy Commissioner/District Magistrate imposed ban on the entry of petitioners in City "M" due to apprehension of religious hatred---Contention of petitioners was that they intended to celebrate Mehfil-e-Nat and Mehfil-e-Samaa---Validity---Deputy Commissioner/District Magistrate was empowered to pass an order for maintaining peace in the area for the larger interest of public and might pass order to restrain any person from entering in the territory in the light of their disputed conduct and speeches with regard to religious hatred---Writ petition was not competent as no violation of rule or law had been pointed out---Deputy Commissioner/District Magistrate had not exceeded his powers while passing the impugned order---Authorities had not prohibited or restrained the petitioners to celebrate Mehfil-e-Nat or Melad Shareef---Deputy Commissioner/District Magistrate had imposed ban on entry of petitioners within the territory of his jurisdiction due to their disputed conduct---Authorities had not interfered in the religious activities of petitioners, in circumstances---Freedom of movement was Fundamental Right of every person subject to public interest---Petitioners were non-State subjects---Constitution did not guarantee the right of movement to any non-State subject who had been banned in the public interest---Right of religion was constitutional right which could not be interfered with by the Government---Every person had right to chose or practice religion of his own choice but State had to regularize religious activities for harmony and peace of society---Court was not to decide such case simply under the garb of constitutional, human or fundamental rights rather observe its effect to the society---Court was to protect the life of the people and should avoid to pass any order which did frustrate the powers of authority for maintenance of peace and…
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