SHC suspends permission for holding marginalised community-based festival at urban forest park

The Sindh High Court (SHC) on Friday suspended till further orders the permission granted by the District South deputy commissioner to a private organisation for holding a festival for a community at the Urban Forest park in Clifton Block 5.

The direction came on a petition filed by a non-government organisation against holding of the musical festival for a ‘marginalised’ community at the park. The petitioner’s counsel, Talha Makhdoom, submitted that the South deputy commissioner had granted the permission for the festival and the South SSP had issued a no-objection certificate (NOC) for holding such an event on an amenity plot, which was reserved for plantation and greenery only and could not be used for any other purpose, including holding such events.

The counsel submitted that the South DC had issued the permission without completing the codal formalities or inviting objections from the public and residents of the area who were preserving and maintaining such a park for the purpose it was reserved for.

He submitted that the petitioners had approached the South deputy commissioner, Karachi Metropolitan Corporation (KMC) parks director general as well as the local police against holding of such an event, which, according to them, aimed at promoting vulgarity in society and was against the various articles of the Constitution including, 2A, 29, 30, 31 and 35.

The counsel submitted that unless restraining orders were issued, there was apprehension that a law and order situation would be created as the proposed event had been advertised on social media in a way that had seriously hurt the religious sentiments of a large number of residents of the area.

The high court was requested to declare that the permission granted by the South DC as well as the NOC issued by the South SSP was unlawful and restrain the KMC from lending park to private parties which were constructed and maintained by public funds for no purpose other than the communal service.

The counsel also sought injunction against holding of such events that damaged the moral value, peace and tranquility of society and general public.

A division bench of the SHC headed by Justice Aqeel Ahmed Abbasi after a preliminary hearing of the petition issued notices to the South DC, Karachi Development Authority, South SSP and others and called their comments on February 9.

In the meantime, the high court suspended the permission as well as NOC issued by the South DC and South SSP to hold such a festival on February 4 and directed the official respondents to ensure that no such festival shall be allowed to take place without permission of the court.