Malik GHULAM YUSAF vs PISTRIC MAGISTRATE — 1995 MLD 1510

Citation: 1995 MLD 1510

Court: Peshawar High Court

Year: 1968

Decision Date: 1968-03-26

Parties: Malik GHULAM YUSAF vs DISTRICT MAGISTRATE, ATTOCK

Headnotes

Result: Petition accepted JUDGMENT JUDGMENT MUHAMMAD GUL, J.---The petitioner Malik Ghulam Yousif is resident of village Jhamat, Tehsil Pindigheb, belongs to Shia Sect. It appears that in the year 1965 he and other Shia residents of the village wanted to take out "Zuljinah" and "Alam" procession during Muharram.

Judgment Text

Court Name: Peshawar High Court Judge(s): Muhammad Gul, Abdul Ghani Khan Khattak Title: Malik GHULAM YUSAF vs DISTRICT MAGISTRATE, ATTOCK Case No.: Writ Petition No,308 of 1966 Date of Judgment:1968-03-26 Reported As: 1995 MLD 1510 Result: Petition accepted JUDGMENT JUDGMENT ' MUHAMMAD .GUL, J.---The petitioner Malik Ghulam Yousif is resident of village Jhamat, Tchsil Pindigheb, belongs to Shia Sect. It appears that in the year 1965 he and other Shia residents of the village wanted to take out "Zuljinah" and "Alam" procession during Muharram. However, they were forbidden to do so, except under a licence under section 30 of the Police Act. ' Pursuant to this direction by the District Executive Authorities, the petitioner on behalf of the Shia community, resident in the village, addressed an application on the 19th March, 1966 (Annexure 'H') to the District Magistrate for the grant of licence to take out "Zuljinah" and "Alam" processions along the route set out in the plan annexed to the petition. The application, however, was refused by the District Magistrate (respondent No,1) vide order, dated the 28th April, 1966, on the ground that the grant of licence to the petitioner has been opposed by the police. 2. Aggrieved by the above refusal, the petitioner on his own behalf and on behalf of the Shia residents of the village, has moved this writ petition under Article 98 of the Constitution calling in question the vires of the above refusal by the District Executive…

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