1995 PLP 4 (MLD)

Writ Petition No.8617 of 1993, decided on 26th September 1994.

Arts. 2A, 31 & 199

Constitutional petition for restraining officers of administration from interference in the observance of religious rites of Shias, within the four walls of Imambargah

Petition was filed about two years back and Holy month of Moharram-ul-Ahram had passed peacefully

No useful purpose would be served by keeping such petition pending

State was duty bound to ensure that law and order situation was maintained while allowing different sects of Muslims to profess their religious rites freely and without any obstruction

Constitutional petition having been filed prematurely on basis of apprehension same was disposed of accordingly. Khakan Babar for Petitioner. This writ petition was filed on 8-8-1993 on the apprehension that as the Chehlum of Hazrat Imam Hussain falls on 20th Safar on/or around 9-8-1993, Faqir Muhammad Nawaz in collusion with the local administration may adopt the old technique of harassing the petitioner and other Shias by getting the police guards posted to ensure that neither any Majlis or Marsia Khani is held nor religious rites are performed in the Imam Bargah and to confine the holding of Majalis in one room house.

2. Two years have gone by and the holy months of Moharram-ul-Ahram (1993-94) have passed peacefully. No useful purpose will, therefore, be served by keeping this petition pending any further. Even otherwise the petition is premature as it is filed on the basis of apprehensions. It may be observed that by virtue of Article 2A, the Objectives Resolution form substantial part of the Constitution of Islamic Republic of Pakistan. It is clearly provided in the Objectives Resolution that the principles of democracy, freedom, equality, tolerance and social justice as enunciated by Islam shall be fully observed and that the citizens shall be guaranteed fundamental rights, including equality of status, of opportunity and before law, social, economic and political justice, and freedom of thought, expression, belief, faith, worship and association, subject to law and public morality. Similarly, Article 31 of the Constitution reads as under:

"Steps shall be taken to enable the Muslims of Pakistan, individually and collectively, to order their lives in accordance with the fundamental principles and basic concepts of Islam and to provide facilities whereby they may be enabled to understand the meaning of life according to the Holy Qur'an and Sunnah." This being so, it is the duty of the State to ensure that law and order situation is maintained while allowing different sects of Muslim to profess their religious rites freely and without any obstruction. The writ petition is accordingly disposed of with the above observation being premature. AA./A-700/L Order accordingly.