KARACHI, Dec 8: The Sindh High Court on Thursday observed that followers of each Fiqh and faith must respect the sentiments of the others and avoid holding of any event at the same venue that may create law and order situation.

The court also observed that if any such events were held, the law-enforcement agencies were duty bound to regularize the events to protect life and property of the citizens.

These observations were made by a division bench of the Sindh High Court, headed by Chief Justice Mushir Alam, while hearing a constitutional petition against the arrest of around 100 people in the wake of the Nov 27 incident at the Numaish traffic intersection.

Two scouts were killed and three others wounded on the first day of Muharram and law-enforcement agencies were reported to have arrested over 100 people following the incident.

Earlier, Additional Advocate General Sarwar Khan appeared before the bench and submitted that Muharram had been observed here regularly since the creation of Pakistan and all segments of society were aware and familiar with such events being held regularly on an annual basis.

He said that if the petitioner or any other persons were desirous of taking out or holding any event, it could have been held at any other place with the permission of the authority concerned.

The bench observed: `The contention of Mr Sarwar Khan, learned AAG, is correct that followers of each Fiqah and faith must respect the sentiments of the others if at the petitioner and any other persons desirous of holding of commemoration and congregation, it is always desirable to display restraint and hold such meeting of congregation at a placeother that Old Exhibition [Purani Numaish] to avoid unrest or unpleasant situation. This is also teaching of our Holy Prophet (PBUH)`.

The bench observed: `It is expected that all persons following different Fiqah and faith must respect the sentiments of each other and will avoid holding of any event at the same venue that may create law and order situation and if any such events are held, the law enforcing agencies are duty bound to regularize such events to protect life and property of the citizens.

In his petition, Zeeshan Mageem Khan, represented by Advocate Maqboolur Rehman, submitted that a rally to commemorate the martyrdom of Hazrat Umer Farooq (RA) was taken out from the Numaish traffic intersection to Tibet Centre. He stated that the participants were fired upon by miscreants on their way back resulting in the killing of two scouts posted at a camp. The incident led to a law and order situation on the scene, the petitioner said.

Impleading the home secretary, the inspector-general of police, the DIGs of east and west zones and the SHOs of 18 police stations as respondents, the petitioner submitted that innocent people were detained illegally and unlawfully.

He prayed to the court to direct the respondents to produce the detained people in court and place on record the material against them.

The petitioner also prayed to the court for a judicial inquiry into the incident.

On Thursday, different SHOs filed their respective comments denying to having kept any arrested person illegally in their custody.

The petitioner`s counsel submitted that most of the detained people had been released, while the remaining ones had been booked in criminal cases.About the booked persons, the court observed that the petitioner may take up the proceeding as may be available under the law to seek redressal from the competent court of law.

The bench directed the provincial law officer to call a report form the Kalri police station regarding the detention of a person.

Shifting of police station The same bench put off the hearing of a petition of DHA residents seeking relocation of SSP CID Chaudhry Mohammed Aslam`s residence and Darakhshan police station from the residential area to some secure place after the counsel for the Defence Housing Authority sought time for filing the comments.

The bench also directed the counsel for the petitioners to file a proper format of the petition adding the Defence Society Residents Association as one of the petitioners.

The residents of DHA had initially submitted an application to the SHC chief justice who converted it into a constitutional petition.

The petitioners submitted that there were eight schools within a diameter of half kilometre in Phase 8, while the Darakhshan police station and the SSP`s residence were situated right in the middle of schools and at a corner, respectively.

They said that the lives of thousands of students and residents were in extreme danger in the wake of suicide attack on the residence of the CID SSP on Sept 19. They submitted that in order to protect innocent children from mental torture in future, the Darakhshan police station and the SSP`s residence be relocated to ensure safety of officials as well as schoolchildren.