Summary The Lahore High Court directed the Punjab government to introduce a comprehensive Muharram procession licensing policy within four months to resolve recurring legal disputes.
LAHORE (Muhammad Ashfaq) – The Lahore High Court has directed the Punjab government to formulate a new, comprehensive and transparent policy for the issuance of Muharram procession licences within four months, ordering its implementation before the next Muharram to prevent recurring legal disputes.
Justice Anwar Hussain issued the 13-page detailed verdict while deciding a petition filed by Syed Mujeeb Ali Gilani. The court observed that the existing policy governing Muharram processions is decades old and requires a complete review to address present-day circumstances, security requirements and constitutional rights.
The court directed the Punjab government and the Home Department to clearly define procedures in the new policy for the issuance of new procession licences, renewal, suspension, cancellation and the process to be followed after the death of the original licence holder.
The judgment also instructed the government to develop a transparent and uniform policy covering historic processions, new licences and disputed claims. It observed that maintaining a permanent ban on new procession licences is inappropriate and that refusing to restore a licence issued in the name of a deceased person cannot be considered lawful.
The court clarified that a procession licence is not an inheritable right, but the death of a licence holder does not extinguish the religious rights of those associated with the procession. It directed the government to establish a clear legal mechanism to deal with such cases.
The judgment further stated that Muharram processions are not ordinary public gatherings but are linked to the constitutional right to religious freedom. It emphasized that the state is responsible for maintaining a fair and workable balance between protecting religious freedoms and ensuring law and order.
The Lahore High Court also stressed that the practice of bringing licence-related disputes before the courts every year ahead of Muharram should come to an end, directing the Punjab government to finalize and implement the new policy before the next Muharram.
