Srinagar, Dec 4: The High Court today issued notice to the State government directing it to file objections on a petition filed by Itihad-ul-Muslimeem president, Masroor Abbas Ansari, which has described the ban on Muharram procession as violation of international law and asked the court to quash the ban. For the past one year the State government has not filed objections in the case.
 Taking serious note of the government’s indecision, the High Court directed the State government to make its stand clear on the issue.
 The Single Bench of Justice J.P Singh issued notice to the Financial Commissioner Home Samuel Vergese, Divisional Commissioner Kashmir Naseema Lanker and District Magistrate Srinagar Merajudin Kakru to file objections within a week to the petition. The State was represented by Additional Advocate General Ejaz Ahmad Chesti and Deputy Advocate General Nisar Hussain Shah.
 The Government has imposed ban on carrying out Muharram procession on 8th and 10th Muharram. Despite several requests by the petitioners the State Government has not communicated the ban order to them. The petition has sought quashing of the ban terming it as violation of international law and denial of religious rights.
 The petitioner, through his Counsel Riyaz Ahmad Khawar, submitted before the court in 2008 that Shias used to take two processions during Muharram in the city. One would start from Namchbal and conclude at Imambada Zadibal and other would start from Alamgari Bazar and conclude at Khushalsar. But since 1977 at the request of the then Chief Minister Sheikh Muhammad Abdullah, Shias agreed to take out a single procession from Abi Guzar to Zadibal.
 However, in 1989 the then Governor Jagmohan imposed ban on taking out these processions and the ban is still in vogue.
 The petition said the religious processions were being taken out in the valley since 1527 when Sultan Muhammad Shah was the king.
 Every year Itehadu-ul-Muslimeen has been seeking permission from District Magistrate Srinagar and Divisional Commissioner Kashmir for taking out the procession on the eve of Ashura. “Both the officials have granted permission in the past but when the people took out the procession the respondent State used brute force to crush it,” the petition said.
 The petition reads that the petitioners have a constitutional and legal right to profess their faith and religion and the State is bound to facilitate the religious practices of its citizens. The petition said that the action of the State is violation of the constitution and law and amounts to religious interference. The petitioner’s counsel argued that the freedom of religion is even guaranteed by the international law and declaration on elimination of all forms of intolerance and discrimination based on religion or beliefs.
 Thus, it argued, action of the respondent State is flagrant violation of international law and the domestic law as respondents are consistently and constantly restraining the petitioners. “It is denial of religious freedom,” the petition says.
 Number of other Shia associations had pleaded before the court that they should be arrayed as parties in the case. The court has accepted their plea and has listed the case for third week of December.

Lastupdate on : Fri, 4 Dec 2009 21:30:00 Makkah time
Lastupdate on : Fri, 4 Dec 2009 18:30:00 GMT
Lastupdate on : Sat, 5 Dec 2009 00:00:00 IST