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Court said that it is the domain of the administration/ security agencies and other stakeholders to take a call on requests for taking out a religious ceremony in the territory as it highly depends on the law-and-order situation as well as the involvement of the security of the nation.
"Taking out the religious procession especially in Kashmir depends upon the law-and-order situation," said the Jammu & Kashmir and Ladakh High Court disposing of a plea seeking direction upon the State authorities to allow the Shia Community to take out religious processions in the holy month of Moharram.
The bench of Chief Justice Pankaj Mithal and Justice Wasim Sadiq Narga, accordingly, asked the Commissioner Secretary, Home or any other competent authority to consider the representation by the Trust of Shia community of Srinagar, preferred on June 25, most expeditiously, preferably by August 6.
Court said, "This court is unable to assess the law-and-order situation as well as the involvement of the security of the nation in taking out such religious procession. It is in fact the domain of the administration/ security agencies and other stakeholders to take a call on it and to form an opinion depending upon the law-and-order situation, religious harmony and security of the nation."
Therefore, Court asked the Commissioner Secretary or any other competent authority to take a call on the representation of the Shia Community after taking inputs on the maintenance of religious harmony and the law-and-order situation from all security agencies of the nation.
Moreover, Court stressed the decision should be taken expeditiously as the month of Moharram has started.
Case Title: Aga Syed Mujtaba Abass v. Union Territory of J&K and others
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