C.P.No.D-4392 of 2015

For hearing of CMA-12726/2015

15.12.2015

Mr. Ghulam Shabir Dayo along with petitioner.

Mr. Liaqat Ali Shar, Additional Advocate General.

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Vakalatnama has been filed on behalf of Syed Jaffar Ali Shah for alleged contemnors Nos.12 and 13, who are also present in Court. Pursuant to Court notices, alleged contemnors Nos.1 to 4 and 6 to 11 shown appearance and have filed their replies. Same are taken on record, copies supplied to learned counsel for the petitioner.

The petitioner present along with his counsel has expressed his grievance against the misconduct of the SHO, PS, Hingorja and other police officials, who, according to him, have not only violated the Court’s order but also misbehaved with him and restrained him from taking out Chehlum procession of Hazrat Imam Hussain (a.s) or to hold Majlis in the Imam bargah Dargar-e-Hussain, at Hingorja, which has seriously injured the religious right of large number of Azadare Hussain (a.s). It has been further stated that the alleged contemnors, in spite of specific directions by this Court, neither associated him while taking decision with regard to procession nor provided any opportunity to establish his claim for issuance of permit for procession of Chehlum, therefore, have violated the specific directions of this Court, which amounts to Contempt of Court.

Such contention of the petitioner has been disputed by the SSP, Khairpur, present in Court, who submits that keeping in view the time constraint and to avoid law and order situation, Syed Muhammad Mohsin Jafri s/o late Azadar Hussain Jafri was allowed to take out procession of Chehlum, whereas, notables of the area were also consulted.

Since the alleged contemnors Nos.12 and 13 have requested for time to file comments, we are adjourning the matter to 22.12.2015. However, in the meanwhile, keeping in view the grievance concerned expressed by the petitioner, who is retired Judge of Hon'ble Supreme Court, with regard to misconduct abusive behavior of police officials especially SHO, PS, Hingorja, we would direct the SSP, Khairpur to look into the matter by associating the petitioner or his authorized person, and to take appropriate action against such police officer, who has misbehaved with petitioner in violation of the Court’s order. It appears that the controversy relates to issuance of permit/permission, which earlier was being granted by the concerned DPO, for taking Chehlum procession of Hazrat Imam Hussain (a.s) from Imam Bargah Darbar-e-Hussainia to Karbala Hingorja for which petitioner filed instant petition. This Court while disposing of this petition vide order dated 01.10.2015 directed the SSP, Khairpur and the Addl. SP, Khairpur to consider the request of the petitioner for issuance of permit in accordance with law and to resolve the matter amicably after associating all concerned and also to provide proper security by deploying sufficient police force and Rangers so that Chehlum procession of Hazrat Imam Hussain (a.s) shall remain peaceful and there shall be no law and order situation. However, it appears that no formal order has been passed on the request of the petitioner with regard to issuance of permit, whereas, the SSP, Khairpur has allowed one Syed Muhammad Mohsin Jafri to take out the procession of Chehlum, which prima facie, does not reflect the compliance of Court’s order in its letter and spirit. On a query of this Court, learned counsel for the petitioner, learned Addl. A.G and the SSP could not satisfactorily assist this Court as to under which law, and as to which authority is competent to issue such permit for taking out the religious processions, including the Chehlum procession of Hazrat Imam Hussain (a.s). It has been stated that earlier, the concerned DPO used to issue such permit whereafter, there was some notification from the Government of Sindh authorizing the concerned SSPs to issue such permit/licence.

In order to avoid any conflict between the petitioner and respondents, who are reportedly close relatives, whereas, matter also involves religious sentiments, we deem it appropriate to issue notice to the Secretary, Home Department, Government of Sindh, who shall file comments and assist this Court on the subject controversy. Learned Addl.A.G is also directed to intimate Court’s order to concerned quarters for further orders.

To come up on 22.12.2015 at 11-00 a.m., in the meanwhile the remaining alleged contemnors shall file their reply.

JUDGE

JUDGE

N.M.