IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
 
 
PRESENT: 
 
Mr. Justice Mazhar Alam Khan Miankhel 
Mr. Justice Qazi Muhammad Amin Ahmed 
  
 
Civil Petition No.4188 of 2019 
(Against the judgment dated 01.10.2019 of the 
Lahore High Court, Rawalpindi Bench passed in 
Intra Court Appeal No.63 of 2019)  
 
Hubdar Hussain Malik 
 
.…Petitioner(s) 
 
 
 
 
 
Versus 
 
Deputy Commissioner Chakwal and another  
….Respondent(s) 
 
For the Petitioner(s): 
 
Mr. Hassan Raza Pasha, ASC  
 
 
 
For the Respondent(s): 
N.R. 
 
Date of hearing: 
05.08.2020. 
 
 
 
 
 
 
ORDER 
 
  
         Qazi Muhammad Amin Ahmed, J.- The petitioner, a Shiite  
Muslim, sought issuance of a mandamus for security arrangements 
regarding a procession during the month of Moharram-ul-Haram that he 
claimed to be an annual ritual in the village since the time immemorial; 
relying upon various Articles of the Constitution of the Islamic Republic of 
Pakistan, he prayed the High Court to issue appropriate directions to the 
Deputy Commissioner Chakwal to set in place the measures suggested in 
the Constitution petition; the request was disposed of by a learned Judge-
in-Chamber, in the following terms: 
 
“…..As Deputy Commissioner, Chakwal/respondent No.1 
has already sent an intimation to the District Police Officer 
Chakwal/respondent No.2 for provision of security as per 
previous practice/SOPs and Assistant Commissioner as 
well as DSP, in attendance, ensure that they will make 
best efforts that no untoward situation occurs and provide 
the security as per law; learned counsel for the petitioner 
feels satisfied and under instructions states that they will 
conclude the Majlis within 45 minutes, hence, the petition 
is disposed of as such.” 
 
The petitioner sought review of the order through an application, dismissed 
in limine on 18.9.2019; his next move through an Intra Court Appeal met 
 Civil Petition No.4188 of 2019 
 
  
 
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with no better fate on 01.10.2019, as the event had by then peacefully 
passed by.  
2. 
Learned counsel for the petitioner contends that notwithstanding the 
flux of time a permanent security arrangement as proposed by the 
petitioner is required to ensure peace and tranquility during the month of 
Moharram-ul-Haram and, thus, it was incumbent upon the High Court to 
issue the directions prayed for.  
3. 
Heard. 
4. 
Subject to law, public order and morality, the Constitution confers 
upon every citizen the right to profess, practice and propagate his religion; 
in a normal/ideal situation, profession and practice of a particular faith by 
a believer or group thereof should not pose any issue, calling for 
intervention of State functionaries, however, the state of affairs 
unfortunately, over the time, has deteriorated alarmingly; routine events of 
the past have now become, more often than not, security nightmares with 
no recession or respite being in sight, therefore, with mounting pressures 
and threats, the functionaries, tasked with the responsibility to maintain 
peace and tranquility in the society in order to ensure safety of human 
lives, must be provided autonomy of discretion with enough space to carry 
out their job without let or hindrance; security measures are resource 
intensive arrangements with financial impacts upon public exchequer, 
therefore, it is essential as well as expedient that exercise of freedom is 
reasonably regulated on administrative considerations on the paramountcy 
of larger public interest. The functionaries are the best Judges to evaluate 
the nature and magnitude of threats so as to take all appropriate remedial 
measures/steps required to obviate impending disasters; these are not 
justiciable issues and, thus, the learned Judge-in-Chamber had rightly 
heeded the report submitted by the Deputy Commissioner Chakwal; 
peaceful conclusion of the event amply vindicates his position. Petition 
fails. Leave declined.    
 
   
Judge 
 
 
 
 
Judge 
Islamabad, the 
5th August, 2020 
Not approved for reporting 
Azmat/- 
 Civil Petition No.4188 of 2019 
 
  
 
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