The Lahore High Court (LHC) has maintained the Punjab home department’s decision regarding the opening of Baheshti Darwaza at the shrine of Hazrat Baba Faridud Din Masood Ganj Shakar (RA) in Pakpattan for two days only in view of the Covid-19 situation.
"The sub-committee and district administration has already given the conditional approval in the manners that the Baheshti Darwaza shall be opened during 5th and 6th Muharramul Harram nights this year reducing the number of nights from 5 to 2, therefore, there is no need to interfere with the same," said a 12-page order authored by LHC judge Justice Jawad Hassan over writ petitions filed by Sajjada Nasheen (current custodian) of the shrine of Baba Faridud Din Masood Ganj Shakar (RA) and others against Punjab home department’s July 28 notification.
The judge in in his order also referred to July 22 and August 18 sub-committee meetings according to which fool proof/heightened security and other arrangements shall be ensured on the event of the urs in coordination with all departments.
Quoting Sahiwal Division commissioner, the court observed that deputy commissioner and DPO Pakpattan were in touch with the family of the shrine’s sajjada nasheen and that he was cooperating and all arrangements were in place as per previous practice.
Moreover, all events including traditional rasoomat (conventions), opening of Baheshti Darwaza, prohibition on subletting/hosting for zaireen and establishment of district control rooms have been noted and the concerned district administration has taken appropriate decisions.
The court also noted that the argument of counsel for the petitioners that their fundamental rights to life and religion guaranteed under the constitution had been infringed due to restrictions imposed by the sub-committee was not admissible as all the fundamental rights guaranteed under the constitution were subject to law.
“Article 20 of the Constitution clearly depicts that the freedom to profess religion and to manage religious institutions and every religious denomination and every sect thereof shall have the right to establish, maintain and manage its religious institutions are subject to law, public order and molarity.”
The court observed that the home department of the government of Punjab through its committee had already dealt in detail the
law and order situation regarding the urs.
"Under Schedule 2 of the Punjab Government Rules of Business, 2011 (the “Rules”) the mandate of Home Department is to make legislation and policy formulation for public order and internal security and to administer various Laws specified therein. Therefore, for the protection of lives of the Petitioners and Devotees/Zaireen of Hazrat Baba Faridud Din Ganj Shakar (R.A), the high court directed the state departments/agencies to ensure strict observance of decision of the sub-committee, SOPs laid down by NCOC and the Punjab government, during the Annual Urs/Rituals. It will also be the obligatory duty of the petitioners and devotees/zaireen to follow the internal SOPs, guidelines of government regarding social-distance and sanitization etc during the Rasoomat of Urs."
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