LHC reserves decision on plea to reopen shrine

Home dept cancelled Urs in Pakpattan due to fears of Covid-19

LAHORE:

Lahore High Court’s Justice Jawad Hassan has reserved decision on a plea challenging a government notification under which the shrine of Baba Fariduddin Ganj Shakar in Pakpattan was closed.

The petitioner sought permission to reopen the Baheshti Darwaza at the shrine. Petitioner Mehboob Qamar made respondents the Punjab government through the chief secretary, the home and Auqaf departments through their secretaries, regional police officer Sahiwal, deputy commissioner and district police officer Pakpattan and inspector general of police.

The petitioner is a Qawal, known for his services at the shrine.

He submitted that millions of devotees had been aggrieved and felt that their fundamental rights had been infringed.

He said it was one of the ancient and important shrines for Muslims across the country. The annual Urs of Fareeduddin Ganj Shakar has been taking place from 25 Zil Haj till 10 Muharram for last 778 years and millions of followers attend it.

The home department issued the notification on July 28, cancelling the Urs celebration on the ground that it might cause spread of Covid-19.

The petitioner said he had requested the authorities to re-consider the decision in light of recent updates about decline of Covid-19 in the country, but in vain.

He contended that the government could not ban such an event specifically, while allowing others during the same days.

He stated that walking through the Baheshti Darwaza was a ritual for which people, including top personalities, from all over the country visited the shrine. He said the restriction had created inequality between citizens as some influential personalities might visit the shrine.

The petitioner said the people could not visit the shrine even during the Urs days. He claimed that an order had also been issued to not let anyone having an address outside Pakpattan to visit the city.

He said the preamble of the Constitution provides that “the principles of democracy, freedom, equality, tolerance and social justice, as enunciated by Islam, shall be fully observed”. Freedom of religion and religious practices is most important fundamental right of the citizens, he added.

The petitioner contended that the notification had affected the fundamental rights.

He prayed the court to declare the notification issued by the home department ultra vires to the Constitution and of no legal effect.

He also requested that the Urs be allowed to be opened for public, subject to standard operating procedures.

Published in The Express Tribune, August 25^th, 2020.