Legal Case Summary

Case Details
Case ID 368dec04-d4ab-4d98-b531-33a88456c4e1
Body View case body.
Case Number Civil Petition No. 4188 of 2019
Decision Date Jul 05, 2020
Hearing Date Jul 05, 2020
Decision The Supreme Court of Pakistan dismissed the petition, emphasizing that security arrangements during religious events are non-justiciable matters. The court noted that every citizen has the right to practice their religion, but due to deteriorating security conditions, state functionaries must have discretion in managing public safety. The court upheld that the Deputy Commissioner had already taken steps to ensure security for the procession, and the peaceful conclusion of the event validated the measures taken. The petitioner's request for permanent security arrangements was deemed unnecessary as the existing protocols were adequate. Consequently, the court declined the petitioner's plea, stating that the learned Judge-in-Chamber had correctly assessed the situation based on the report from the Deputy Commissioner.
Summary In the case of Civil Petition No. 4188 of 2019, the Supreme Court of Pakistan addressed the petitioner's request for security arrangements for a Shiite Muslim procession during Moharram-ul-Haram. The petitioner sought a mandamus order for the Deputy Commissioner Chakwal to implement security measures, citing the constitutional right to practice religion. The court ruled that security plans established by government functionaries are not justiciable issues, highlighting the need for autonomy in decision-making for public safety. The ruling emphasized that while citizens have the right to profess their religion, the state must regulate these freedoms in the interest of public order and safety. The court noted the previous measures taken for security during similar events, thus dismissing the petition.
Court Supreme Court of Pakistan
Entities Involved District Police Officer Chakwal, DEPUTY COMMISSIONER CHAKWAL
Judges MAZHAR ALAM KHAN MIANKHEL, JUSTICE QAZI MUHAMMAD AMIN AHMED, JUSTICE HUBDAR HUSSAIN MALIK
Lawyers Hassan Raza Pasha
Petitioners Hassan Raza Pasha
Respondents ANOTHER, DEPUTY COMMISSIONER CHAKWAL
Citations 2020 SLD 1561, 2020 SCMR 1507
Other Citations Not available
Laws Involved Constitution of Pakistan, 1973
Sections 20, 199