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Petitioner: Dr. MUHAMMAD BASHIR VS Respondent: DISTRICT MAGISTRATE, LAHORE
1988 M L D 1400
1988 M L D 1400
[Lahore]
Before Zia Mahmood Mirza, J
Dr. MUHAMMAD BASHIR and another--Petitioners
versus
DISTRICT MAGISTRATE, LAHORE and 2 others--Respondents
Writ Petitions Nos. 4317 and 438 of 1984, heard on 13th June, 1988.
Police Act (V of 1861)----
---S.30--Constitution of Pakistan (1973), Art.199--Application of petitioner for grant of licence to take out "Alam" procession during month of Muharram for a particular year. having been refused by District Magistrate giving cogent reasons, Constitutional petition against refusal orders of District Magistrate, held, had become infructuous with lapse of time--Constitutional petition was dismissed with observation that petitioner, if so advised, could file fresh application for grant of requisite licence, which shall be finally decided by competent authority within one month of its filing.
S.Sajjad Raja Jafari for Petitioners.
Khalil Ramday, A.-G. Punjab for Respondents.
Date of hearing: 13th June, 1988.
JUDGMENT
This order will also dispose of the connected W.P.No.4318 of 1984 as the order impugned in both the petitions is the same.
2. Dr.Muhammad Bashir petitioner filed an application on 19-8-1984 for the grant of licence to take out 'Alam' procession in his village Shahpur Kanjra on the 6th and 9th of Muharram 1405-H. Similar application was made by Tasleem Hussain Shah Bokhari (petitioner in W.P.No.4318 of 1984). District Magistrate, Lahore after getting reports from A.C. (Saddar) and other concerned functionaries and after hearing the petitioners and other respondents of Shia community of the village proceeded to dismiss both the applications vide order dated 27-9-1984 holding therein that there was acute sectarian tension in the village. "The routes chosen by the applicants cover Sunni locality, whereas options are available to them to avoid such bitterly opposed areas. In the meeting taken by Assistant Commissioner (Sadar) the applicants refused to accept any change in route applied for. The simultaneous submission of two applications on the same day, choosing routes which are bitterly opposed by the dwellers of the localities, their insistence on particular routes and their refusal to accept any alternate proposals, in the context of long standing enmity, indicates the need to determine the applicants bona fide. This will require a regular probe. Any such enquiry ordered on the eve of Muharram will not unearth the true facts. The time, therefore, is not opportune. The application for the grant of licence cannot be accepted this year".
3. From the applications moved by the petitioners as also from the tenor of the order passed by the District Magistrate impugned herein, it is quite clear that the petitioners applied for grant of licence to take out 'Alam' procession during the Muharram falling in the year 1984 and the applications were also refused for that particular year. That being so, writ petitions have become infructuous with the lapse of time. Both the writ petitions are accordingly dismissed with the observation that the petitioners, if so advised, may file a fresh application for the grant of requisite licence which application, if filed, shall be finally decided by the competent authority within one month of the application being moved. No order as to costs.
H.B.T./M-827/L Order accordingly.