2020 PLP 987 (SCMR)
N/A
| Citation | 2020 PLP 987 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Gulzar Ahmed, C.J., Mushir Alam, Sardar Tariq Masood, Mazhar Alam Khan Miankhel and Qazi Muhammad Amin Ahmed, JJ |
| Parties | N/A |
| Primary Law | (b) Constitution of Pakistan, (c) Constitution of Pakistan, (a) Constitution of Pakistan |
Q1: What are the key laws and sections cited in 2020 PLP 987 (SCMR)?
This judgment primarily cites: (b) Constitution of Pakistan, (c) Constitution of Pakistan, (a) Constitution of Pakistan as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2020 PLP 987 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Gulzar Ahmed, C.J., Mushir Alam, Sardar Tariq Masood, Mazhar Alam Khan Miankhel and Qazi Muhammad Amin Ahmed, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2020 PLP 987 (SCMR) (N/A). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Salman Talibudin, A.G, Sindh, Mumtaz Ali Shah, Chief Secy. Sindh, Muhammad Usman Chachar, Addl. Chief Secy. Home, Dr. Saeed Ahmed Qureshi, (Focal Person to Chief Secy. Sindh), Zahid Abbasi, Secy. Health, Qazi Shahid Pervez, SMBR, Iftikhar Shalwani, Commissioner Kcy, Altaf Bijrani, Spl. Secy. Zakat and Usher, Rasheed Ahmed Solangi, Secy. Labour Deptt. (All via Video link from Karachi Branch) and Muhammad Kassim Mirjat, Advocate-on-Record (At Islamabad) for Government of Sindh.
- Muhammad Iqbal, AG, Gilgit-Baltistan, Syed Iqbal Hashmi, Advocate Supreme Court for PMA and Samuel Payara, Chairman, Implementation of Minority Rights Forum for Government of Gilgit-Baltistan.
- GULZAR AHMED, C.J.---We have heard the learned Attorney General for Pakistan, the learned Advocate Generals for all the four Provinces as well as Islamabad Capital Territory (ICT) and Gilgit-Baltistan.
- 3. The learned Advocate General for ICT states that all shops and markets in the ICT have been allowed to open and the shopping malls, namely, Giga Mall, Centaurs Mall and Safa Gold Mall, have also been allowed to open today.
- 4. The learned acting Advocate General, Punjab has stated that all shops and markets have been allowed to open in whole of the Punjab and with the permission of NHSRC, the shopping malls in all over Punjab will be allowed to open today.
- 5. The learned Advocate Generals KPK, Balochistan and Gilgit-Baltistan have also made a statement before the court that all shops and markets in these areas have been allowed to open. They have all stated that SOPs regarding Coronavirus (COVID-19) will however, be maintained and the respective governments will ensure that such is done.
- 6. As regards the Province of Sindh, learned Advocate General has stated that all shops and markets have been allowed to open in whole of the Province but shopping malls have not been allowed to open. We have asked the reason as to why the shopping malls have not been allowed to open, the learned Advocate General has relied upon the minutes of meeting of 07.05.2020 and has contended that regarding shopping malls, review of such decision will be made before 31.05.2020 and therefore, the Sindh Government is not allowing of the opening of shopping malls.
- 7. We note that all the shopping malls in the ICT, Punjab will be opened today and so far the KPK, Balochistan and Gilgit Baltistan are concerned, it is stated by their respective Advocate Generals that they don't have any shopping malls but shops and markets, have been allowed to open and they are doing business.
- 8. The learned acting Advocate General, Punjab has stated that the Punjab Government has approached NHSRC for obtaining the approval for opening of the shopping malls and similar has been done in the ICT and both Punjab and ICT, are likely to get permission for opening of the shopping malls today.
Headnotes / Summary
Arts. 18 & 184(3)
Suo motu case regarding combating the pandemic of Corona virus (COVID-19)
Shopping Malls
Decision taken by the National Coordination Committee on Covid-19, under the Chairmanship of the Prime Minister to open shopping Malls
Province of Punjab and Islamabad Capital Territory (ICT) decided to open shopping Malls, however Provincial Government (of Sindh) did not allow opening of such Malls
Held, that all the shopping Malls in the ICT, and Province of Punjab were opening, and even in other Provinces that did not have shopping Malls, their shops and markets, had been allowed to open and they were doing business
Punjab Government had approached National Health Services and Research Centre (NHSRC) for obtaining the approval for opening of the shopping Malls and similar had been done in the ICT and both Punjab and ICT, were likely to get permission for opening of the shopping Malls
If such measures could be taken by the biggest Province of the country i.e. Punjab, why something similar could not be done by the Province of Sindh, which had no valid reason or justification for keeping the Malls closed
Supreme Court directed Government of Sindh to apply to the NHSRC immediately , for seeking approval for opening of shopping Malls in the Province of Sindh; that after such application was made, the NHSRC shall give their decision immediately and if their decision was that shopping Malls were allowed to open, the respective Provincial Government shall allow the shopping Malls to be open and shall not create any hindrance or obstruction in such regard but ensure that notified SOPs were followed
Case was adjourned.
Arts. 4, 18, 25 & 184(3)
Suo motu case regarding combating the pandemic of Corona virus (COVID-19)
Decision taken by the National Coordination Committee on COVID-19, under the Chairmanship of the Prime Minister to close down shops, markets and business on Saturday and Sunday by way of a complete lock down
Held, that there was no justifiable rational or reasonable classification on the basis of which these two days were excluded from doing business, for that, all days of the week were the same
Such restriction was contrary to Arts. 4, 18 & 25 of the Constitution and thus, was declared to be illegal and accordingly set aside, with the direction that the businessmen shall be allowed to do their business on all days, which was permissible under the law, subject to enforcement of SOPs
Supreme Court observed that looking at the past history of country, where business activities of private entrepreneurs were interfered with by the Government, such entrepreneurs lost faith in the system and packed up and moved to some other destinations in the world, where they considered their investment to be more safe and profitable; that if the businesses and industries remained closed for a long time, their revival became more and more doubtful, and in case they were not revived, millions of workers would be on streets and the Government may be faced with a human disaster and calamity of such a magnitude that to overcome it, may become next to impossible
Case adjourned.
Arts. 4, 18, 25 & 184(3)
Suo motu case regarding combating the pandemic of Corona virus (COVID-19)
Report submitted by National Disaster Management Authority (NDMA) before the Supreme Court
Government spending on Corona virus
Held, that there was no reason why huge amounts of money was being spent on Corona virus (COVID-19), for that, Pakistan was not a country which was seriously affected by it
Other serious ailments were also prevailing in the country, from which people were dying daily and those ailments were not being catered for and Corona virus (COVID-19), which apparently was not a pandemic in Pakistan, was swallowing huge sums of money
Supreme Court observed that it was not by any means suggesting that the governments should not attend to Corona virus but that it expected that the governments should not put all its resources for one disease, nor the country should be made altogether dysfunctional, because of a disease, for its consequences would be highly detrimental to the people of the country, and the Federal Government and all Provincial Governments should address themselves on such point
Case adjourned. Khalid Javed Khan, Attorney General for Pakistan (via video Link from Karachi Branch), Sohail Mehmood, DAG, Dr. Tanveer Qureshi, Secretary Ministry of National Health, Asif Suhail, Director (Lit), G.M. Jakhrani, Dy. Director (Lit), Saeed Ullah Khan Niazi, J.S. Admn, (All from Ministry of National Health), Mirza Mahsood, J.S. Ministry of Interior, Shams-ur-Rasool SO Interior, Syed Mansoor H. Gardezi, Dir. Legal Advisor, Pakistan Bait-ul-Mal., Muhammad Idrees Mahsood, Member (Admn. and Finance), NDMA and Zafar Iqbal, Dir. Legal NDMA for Federation. Niaz Ullah Khan Niazi, A.G., Islamabad, Shafaq Hashmi, DG ICT, Amir Naveed, ADC ICT, Waseem Khan, ADC ICT and Azhar Hussain Shah, DSP Legal for ICT. Shan Gul, Acting A.G., Punjab, Ch. Faisal Fareed, Addl. AG Pb., Capt. (Retd.) M. Usman, Secy. Primary and Secondary Health Deptt. Punjab, Khurram Abbas, Law Officer, M. Nabeel Ahmed Awan, Secy. Specialized, Health Care and Medical Education Deptt., Zeshan Rana, Addl. Secy. (Prisons), Saifullah Gondal, Dy. Secy. Zakat and Usher and Muhammad Aslam Ramy, Administrator Zakat and Usher for Government of Punjab. Salman Talibudin, A.G, Sindh, Mumtaz Ali Shah, Chief Secy. Sindh, Muhammad Usman Chachar, Addl. Chief Secy. Home, Dr. Saeed Ahmed Qureshi, (Focal Person to Chief Secy. Sindh), Zahid Abbasi, Secy. Health, Qazi Shahid Pervez, SMBR, Iftikhar Shalwani, Commissioner Kcy, Altaf Bijrani, Spl. Secy. Zakat and Usher, Rasheed Ahmed Solangi, Secy. Labour Deptt. (All via Video link from Karachi Branch) and Muhammad Kassim Mirjat, Advocate-on-Record (At Islamabad) for Government of Sindh. Shumail Butt, A.G. Khyber Pakhtunkhwa, Atif Ali Khan, Addl. AG., Syed Imtaiz Hussain Shah, Secy. Health, Khyber Pakhtunkhwa, M. Abid Majeed, Secy. Relief Rehabilitation, Khyber Pakhtunkhwa, Dr. Maqsood Ali, Chief Executive, HCC, Dr. Khalid Masood, Director (LRH) and Khyal Muhammad Mohmand, Legal Officer (LRH) (All via Video link from Peshawar Branch) for Government of Khyber Pakhtunkhwa. Arbab Muhammad Tahir, A.G, Balochistan, Baloch Aziz, Secy. Religious Affairs, Dr. Saleem Abro, DG Health (Via Video link from Quetta Branch), Ayaz Khan Swati, Addl. A.G. and M. Fareed Dogar, A.A.G. Balochistan. (At Islamabad) for Government of Balochistan. Muhammad Iqbal, AG, Gilgit-Baltistan, Syed Iqbal Hashmi, Advocate Supreme Court for PMA and Samuel Payara, Chairman, Implementation of Minority Rights Forum for Government of Gilgit-Baltistan.
Judgment & Decree
GULZAR AHMED, C.J.
We have heard the learned Attorney General for Pakistan, the learned Advocate Generals for all the four Provinces as well as Islamabad Capital Territory (ICT) and Gilgit-Baltistan.
2. A report has been submitted by the National Health Services and Research Centre (NHSRC) by way of C.M.A. No. 3096 of 2020. With this report, minutes of meeting of the National Coordination Committee on Covid-19, held on 07.05.2020, under the Chairmanship of the Prime Minister of Pakistan, are attached. The decision taken in the said meeting has been noted down in para-4. For the purpose of present, we note that Items Nos. 2 to 5 thereof deals inter alia with shopping malls, small community markets in urban and rural areas, and decision to close down such shops and business on Saturday and Sunday.
3. The learned Advocate General for ICT states that all shops and markets in the ICT have been allowed to open and the shopping malls, namely, Giga Mall, Centaurs Mall and Safa Gold Mall, have also been allowed to open today.
4. The learned acting Advocate General, Punjab has stated that all shops and markets have been allowed to open in whole of the Punjab and with the permission of NHSRC, the shopping malls in all over Punjab will be allowed to open today.
5. The learned Advocate Generals KPK, Balochistan and Gilgit-Baltistan have also made a statement before the court that all shops and markets in these areas have been allowed to open. They have all stated that SOPs regarding Coronavirus (COVID-19) will however, be maintained and the respective governments will ensure that such is done.
6. As regards the Province of Sindh, learned Advocate General has stated that all shops and markets have been allowed to open in whole of the Province but shopping malls have not been allowed to open. We have asked the reason as to why the shopping malls have not been allowed to open, the learned Advocate General has relied upon the minutes of meeting of 07.05.2020 and has contended that regarding shopping malls, review of such decision will be made before 31.05.2020 and therefore, the Sindh Government is not allowing of the opening of shopping malls.
7. We note that all the shopping malls in the ICT, Punjab will be opened today and so far the KPK, Balochistan and Gilgit Baltistan are concerned, it is stated by their respective Advocate Generals that they don't have any shopping malls but shops and markets, have been allowed to open and they are doing business.
8. The learned acting Advocate General, Punjab has stated that the Punjab Government has approached NHSRC for obtaining the approval for opening of the shopping malls and similar has been done in the ICT and both Punjab and ICT, are likely to get permission for opening of the shopping malls today.
9. If such can be done by the biggest province of Pakistan i.e. Punjab, why the similar cannot be done by the Province of Sindh and apparently, we find no valid reason or justification for the same.
10. In the circumstances, we direct the Government of Sindh to apply to the NHSRC today, for seeking approval for opening of shopping malls in the Province of Sindh. We expect that after such application is made, the NHSRC shall give their decision today and if their decision is that shopping malls are allowed to open, the respective Provincial Government shall allow the shopping malls to be open and shall not create any hindrance or obstruction in this regard but ensure that SOPs are followed.
11. The other aspect which requires to be dealt with is about closure of shops, markets and business on Saturday and Sunday by way of a complete lock down. We do not find any justifiable rational or reasonable classification on the basis of which these two days are excluded from doing business, for that, all days of the week are the same. It is for the convenience of the human beings that the days have been given names, otherwise there is no distinction between others days of the week from Saturday and Sunday. We therefore find that this restriction put in the minutes of meeting dated 07.05.2020 is contrary to Articles 4, 18 and 25 of the Constitution of the Islamic Republic of Pakistan and thus, is declared to be illegal and accordingly set aside. The businessmen shall be allowed to do their business on all days, which is permissible under the law, subject to enforcement of SOPs.
12. We may caution the Government of Pakistan so also the Governments of all the four Provinces, ICT and G.B. that looking at the past history of Pakistan, where business activities of private entrepreneurs was interfered with by the Government, such entrepreneurs lost faith in the system and packed up and moved to some other destinations in the world, where they consider their investment to be more safe and profitable. If the businesses and industries remain closed for a long time, their revival becomes doubtful, more and more, and in case they are not revived, millions of workers will be on streets and the Government may be faced with a human disaster and calamity of such a magnitude that to overcome it, may become next to impossible.
13. So far the report of NDMA is concerned, we are not at all satisfied with such report and would like to hear the learned Attorney General for Pakistan on this report as well as the security officials of NDMA, for that, we find no reason why so much money is being spent on this Coronavirus (COVID-19), for that, Pakistan is not the country which is seriously affected by it. There are other serious ailments prevailing in the country, from which people are dying daily and those ailments are not being catered and the Coronavirus (COVID-19), which apparently is not a pandemic in Pakistan, is swallowing so huge money.
14. The Secretary, Ministry of Health has stated that over the years in the ICT almost one thousand people die only on account of pollen allergy. Besides, we note that thousands of people die on account of brain haemorrhage, cardiac failure, Hepatitis, Dengue, kidney failure, liver failure, pulmonary and other related ailments and all these death goes in hundreds of thousands every year.
15. We are not suggesting by any means that the governments should not attend to Coronavirus but we expect that the governments should not put all its resources for this one disease, nor the country should be made all together dysfunctional, because of this disease, for its consequences will be highly detrimental to the people of Pakistan, and the Federal Government and all Provincial Governments should address itself on this point.
16. Adjourned for tomorrow at 11:30 a.m. MWA/S-17/SC Order accordingl