P L D 1988 Karachi 307 (PLP)

SAJJAD ALI SHAH J. ‑‑Petitioner who is an. Advocate in Karachi has filed this Petition in which it is stated that 12th Rabiulawwal would fall on 4‑11‑1978 (subject to the appearance of moon), which is the birth day of Holy Prophet (S.A.W.). This day is W be observed with optimum sanctity by reciting Darood, Salam, Naats, Qurlan Khawani and Milad and processions would be taken, out. it, is also stated that Jamat Ahl‑e‑Sunnat would take out a very big procession in which all Muslims from Karachi and other places would participate Grievance of the petitioner is that on that day there is going to be semi‑final match at Lahore in connection with Reliance Cup Cricket Matches which should not be allowed to be played and the Match should be postponed to leave that day for observance of religious rites only. Since the fall of 12th Rabiulawwal was dependent on the sighting of the moon subsequently it turned out that 12th Rabiulawwal would fall on 5‑11‑1987 and not on 4‑11‑1987. On 4‑11‑1987 there is a match to be played at Lahore and on 5‑11‑1987 there is a match to be played in Bombay. Petitioner has submitted that now since 12th Rabiulawwal is falling on 5‑11‑1987 and the Cricket Match would be played in Bombay as such T.V. and Radio in Karachi should be directed not to give coverage to the Cricket Match to enable Muslims of Karachi to observe that day with utmost religious fervour without interference on account of commentary of the match from Radio and T. V. We have heard at length the petitioner and Mr. Wajhiuddin Ahmad, A. ‑G. Sind on behalf of respondents 6 and 7 and Mr. Qadir Saeed, Standing Counsel on behalf of respondents 1 to 5 and

8. This petition is not maintainable for the reason that the facts stated therein are vague in nature and it is not clear as to what writ has been asked for. In the prayer clause of the petition it is stated that respondents be kindly directed not to hold match on the birth day of Holy Prophet and respondents responsible for Radio and T.V. further be directed not to broadcast any commentary about the match on that day. In the beginning petitioner was not certain as to on what date 12th Rabiulawwal would fall hence he had in mind the probable date as 4‑11‑1987. On this day match is scheduled to be played at Lahore. Even Lahore is outside the territorial jurisdiction of this High Court. Subsequently when it has become certain that 12th Rabiulawwal would fall on 5‑11‑1987, the petitioner is now asking for stopping the match which is to be played in Bombay which is not only beyond the territorial jurisdiction of this High Court but is outside the country. When confronted with this position, petitioner stated that at least in Karachi coverage should not be given to that match being in Bombay by,T.V. and Radio. If the petitioner has grievance on account of the fact that on 5‑11‑1987 there should not be Cricket Match because birth day of Holy Prophet is to be observed with utmost religious sanctity then he should have approached the Government and concerned Authorities sufficiently in advance, who could have considered request. It is too late now and in this respect even the Court cannot help for the reason that it is beyond the scope and authority of the High Court even in constitutional jurisdiction. Broadly speaking no plausible objection could be raised against playing of Cricket game on the ground that it is not permissible in Islam or it violates any Islamic principles. Petitioner has failed to satisfy us that playing of this game or watching it is prohibited by Islam. If any person does not want to watch this match on T.V. or hear the commentary on Radio and wants to devote whole time of the day in performing religious rites, he can do so by keeping himself away from T.V. and Radio. Purpose and result desired by the petitioner could be completely achieved by simply not switching on the T.V. and Radio on that day. Petitioner has failed to satisfy us with regard to the maintainability, of this petition. No ground exists warranting interference, as such, I this petition is dismissed in limine. H.B.T. /M‑371/K