2020 PLP 731 (SCMR)
N/A
| Citation | 2020 PLP 731 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Gulzar Ahmed, C.J., Umar Ata Bandial, Mazhar Alam Khan Miankhel, Sajjad Ali Shah 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 731 (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 731 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Gulzar Ahmed, C.J., Umar Ata Bandial, Mazhar Alam Khan Miankhel, Sajjad Ali Shah 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 731 (SCMR) (N/A). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- ----Art. 184(3)---Suo motu action regarding combating the pandemic of Corona virus (COVID-19)---Measures taken by Federal Government, Provincial Governments and Islamabad Capital Territory to deal with Corona virus---Reports submitted before the Supreme Court by Provincial Governments, Islamabad Capital Territory (ICT) and Gilgit-Baltistan (GB)---Concerns recorded by the Supreme Court over different issues including supply of Personal Protective Equipment (PPE) and ventilators for hospitals; availability of testing kits; sealing of Union Councils through executive orders; alleged distribution of free rations worth billions without any documentation for its purchase and distribution; lack of subsistence supplies in different cities, and threat of surge of pandemic---Supreme Court expressing its concerns over measures taken by the Federal and Provincial Governments and Islamabad Capital Territory (ICT) issued directions and asked them to file comprehensive reports before next date of hearing regarding matters relating to the pandemic giving the Supreme Court all necessary information, which could show that citizens fundamental rights were fully safeguarded and the State functionaries were doing all what was necessary for the survival of the people---Case adjourned.
- ----Arts. 15 & 184(3)---Suo motu action regarding combating the pandemic of Corona virus (COVID-19)---Freedom of movement---Executive order issued by Provincial Government restricting inter-provincial movement of people---Movement record pro formas---Mandatory requirement for people to show their corona virus negative test reports and also take a certificate from the authorities concerned for travelling between two districts within the Province and for travelling to any other Province---Constitutionality---Provincial Advocate General when confronted with Art. 15 of the Constitution conceded that such an executive order could not be passed by the executive authority; rather it had to be done by law to be made by the legislature---Provincial Advocate General assured that he was going to advise the Provincial Government accordingly---Supreme Court directed that until such measure was taken by the legislature, the executive order of the Provincial Government restricting inter-provincial movement was struck down and set aside---Case adjourned.
- Aman Ullah Khan Kanrani, Advocate Supreme Court, Dr. Waqar Aftab in person, Farhat Nawaz Lodhi, Advocate Supreme Court, Dr. Fazal-e-Rabi in person, Professor Abdul Rashid Mian, President PMA, Samuel Payara, Chairman, Implementation of Minority Rights Forum, Malik M. Shaukat Feroze and DIG (Prison), Rawalpindi Region, Rwp. (on behalf of Govt. of the Punjab) in C.M.A. 2355/2020.
- We have heard the learned Attorney General for Pakistan, the Advocates General of Punjab, Sindh, KP, Balochistan, Islamabad so also the GB. Some individual lawyers have also been heard, while few of the people from public have also appeared and made their respective submissions.
- 4. The learned Advocate General, Punjab has filed a report giving in detail the steps taken by the Government of the Punjab with regard to addressing the issue of Coronavirus (COVID-19) in Punjab. The report as it reads, shows that certain steps have been taken by the Government of the Punjab, which seems to be in a positive direction and we hope that they will continue to enhance their capacity in making available; PPEs, all sorts of other protection, so also the equipments required by the people fighting such pandemic.
- 5. Mr. Amanullah Kanrani, learned ASC has brought to our attention that the Governmnet of Punjab has issued some executive order on the basis of which inter-provincial movement of the people has been stopped. We have asked the learned Advocate General, Punjab about the existence of such executive order and he admitted that such executive order has been passed. When confronted with Article 15 of the Constitution, the learned Advocate General, Punjab conceded that such an order cannot be passed by the executive authority; rather it has to be done by law to be made by legislature. The learned Advocate General, Punjab states that he is going to advise the Government accordingly. However, until such measure is taken by the legislature, the executive order of the Government of Punjab, restricting inter-provincial movement of the people, is struck down and set aside.
- 6. The learned Advocate General, Sindh has also informed the Court about the steps, the Government of Sindh taken to mitigate the spread of Coronavirus (COVID-19) in the Province of Sindh. We have, however, noted with concern that yesterday, the Provincial Government has passed an executive order sealing 11 Union Councils (UCs) in Karachi. We have asked the learned Advocate General, Sindh to give justification for such sealing, he stated that Government of Sindh has found some cases in these 11 UCs suffering from Coronavirus (COVID-19) but nothing concrete has been placed before the Court to show that such is correct and well founded.
- 7. Be that as it may, we have asked the learned Advocate General, Sindh as to what programme the Government of Sindh has prepared to implement the sealing of 11 UCs, in that, how the people will be reached for medical testing and screening and if any such case is found what further steps the Sindh Government will take to secure the affected person and what about his family and persons who have been exposed to him. Whether medical team and logistics in each of the 11 UCs have been deputed to undertake all exercises. How basic necessities, including, food, groceries and other utilities will be made available to the residents of these 11 UCs. The learned Advocate General states that groceries shops in these 11 UCs have been allowed to remain open but no other programme has been drawn by the Government of Sindh for these 11 UCs.
- 8. We have pointed out to the learned Advocate General, Sindh that in case a person is unable to purchase groceries, how he is going to survive. The learned Advocate General states that the Government of Sindh is going to look into this matter. It has also been brought to notice of this Court that free Rashan worth Rs. 8.0 billion has been distributed in Sindh by the Government of Sindh. We are not sure how far this is true but note that there is no documentation of purchase of Rashan and its distribution made available to this Court by the Government of Sindh.
- 9. We have also asked the learned Advocate General to inform us about the persons, who have contracted this pandemic in the 11 UCs, the learned Advocate General states that no such information is available with him. This is a very sorry state of affairs prevailing in the Province of Sindh, where not only in Karachi but other cities of the Province of Sindh, people are protesting lack of subsistence to them. Let a comprehensive report in this regard be submitted by the Government of Sindh well before the next date of hearing.
Headnotes / Summary
Arts. 15 & 184(3)
Suo motu action regarding combating the pandemic of Corona virus (COVID-19)
Freedom of movement
Executive order issued by Provincial Government restricting inter-provincial movement of people
Movement record pro formas
Mandatory requirement for people to show their corona virus negative test reports and also take a certificate from the authorities concerned for travelling between two districts within the Province and for travelling to any other Province
Provincial Advocate General when confronted with Art. 15 of the Constitution conceded that such an executive order could not be passed by the executive authority; rather it had to be done by law to be made by the legislature
Provincial Advocate General assured that he was going to advise the Provincial Government accordingly
Supreme Court directed that until such measure was taken by the legislature, the executive order of the Provincial Government restricting inter-provincial movement was struck down and set aside
Case adjourned.
Art. 184(3)
Suo motu action regarding combating the pandemic of Corona virus (COVID-19)
Safety and needs of doctors, paramedics and sanitary staff working at hospitals
Supreme Court expressed its concerns over the necessary needs of the doctors, paramedics and sanitary staff and directed the Provincial Governments, and Islamabad Capital Territory (ICT) to address their grievances immediately
Case adjourned. The doctors and paramedics, who were working in the front line in dealing with the Corona virus pandemic, were especially affected and were at risk of contracting the disease. Federal Government, Provincial Governments, the Islamabad Capital Territory (ICT) and Gilgit-Baltistan (GB) shall ensure that all necessary needs of the doctors and paramedics, in such an emergency situation, were fully fulfilled. Doctors and paramedics were performing duties beyond their call of duty and at many places, they were not even being provided with food. Such issue was a sensitive issue, which should immediately be addressed by all the Governments and grievances, in this regard of the doctors and paramedics were to be redressed. The condition of sanitary staff was also not good and the Supreme Court was informed that they were exposed to all sorts of diseases, while working in the hospitals and other places. No effective care was being provided to them and a request had been made that they be provided with the requisite protection, so that they may perform their work without any fear. In the circumstances, the Federal Government as well as all the Provincial Governments, including, the ICT and GB shall ensure that sanitary staff were taken care of and were provided with proper and secure uniforms, so that they could work without fear of being affected by disease. IN ATTENDANCE: Khalid Javed Khan, Attorney General for Pakistan, Sohail Mehmood, DAG, Dr. Tanveer Qureshi, Secretary M/o National Health, Saeed Ullah Khan Niazi, J.S. (Admn), Asif Suhail, Director (Lit), G.M. Jakhrani, Dy. Director (Lit), (All from M/o National Health) and Mirza Mahsood, J.S. M/o Interior for the Federation. Niaz Ullah Khan Niazi, A.G., Islamabad, Shafaq Hashmi, D.G., (Chief Commissioner Office), Waseem Ahmed, Asstt. D.C., (I.C.T.A.) and Amer Naveed, A.D., (Lit), (I.C.T.A.) for ICT. Shan Gul, A.G., Punjab, Javed Yaqoob, Addl.AG, Punjab, Cap (R) M. Usman, Secy. Primary and Secondary Health Deptt. Punjab, M. Nabeel Ahmed Awan, Secy. Specialized, Health Care and Medical Education Deptt. (Via Video link from Lahore Branch), Ch. Faisal Fareed, Addl.A.G. Punjab (In Islamabad) and Adnan Younas Butt, Sr. Law Officer, Punjab for the Government of Punjab. Salman Talibudin, A.G, Sindh, Zahid Abbasi, Secy. Health, Muhammad Usman Chachar, Addl. Chief Secy.-Home, Dr. Saeed Ahmed Qureshi (Focal Person to Chief Secy. Sindh) and Syed Salman Shah, DG, PDMA (All via Video link from Karachi Branch) for the Government of Sindh. Shumail Butt, A.G. KP (Via video link from Peshawar, Syed Imtaiz Hussain Shah, Secy. Health, KP, M. Abid Majeed, Secy. Relief Rehabilitation, KP, Mian Shakeel Ahmed, Secy. Local Govt. KP, Rooh-ul-Amin, Addl. Registrar, PHC and Amir Sultan Tareen P&D, Deptt- EHSAAS, Programme (All via Video link from Peshawar Br) for the Government of Khyber Pakhtunkhwa. Arbab Muhammad Tahir, A.G, Balochistan, Naimatullah Battazi, P.G. Baluchistan, Cap (R) Fazeel Asghar, Chief Secy., Cap (R) Zafar Tahir Abbasi, Special Secretary Health, Imran Zarkhoon, DG, PDMA (Via Video link from Quetta Branch) and Ayaz Khan Swati, Addl. A.G.(In Islamabad) for the Government of Balochistan. Muhammad Iqbal, AG, G.B. for the Government of Gilgit-Baltistan. Aman Ullah Khan Kanrani, Advocate Supreme Court, Dr. Waqar Aftab in person, Farhat Nawaz Lodhi, Advocate Supreme Court, Dr. Fazal-e-Rabi in person, Professor Abdul Rashid Mian, President PMA, Samuel Payara, Chairman, Implementation of Minority Rights Forum, Malik M. Shaukat Feroze and DIG (Prison), Rawalpindi Region, Rwp. (on behalf of Govt. of the Punjab) in C.M.A. 2355/2020.
Judgment & Decree
We have heard the learned Attorney General for Pakistan, the Advocates General of Punjab, Sindh, KP, Balochistan, Islamabad so also the GB. Some individual lawyers have also been heard, while few of the people from public have also appeared and made their respective submissions.
2. The learned Attorney General for Pakistan, on the observation of this Court in the Order dated 7.04.2020, regarding making of emergency legislation on Coronavirus (COVID-19) by the Federal Government, Provincial Governments, G.B. and ICT, has stated that as a matter of policy, the session of Parliament is not being called but the Government is considering such aspect of the matter. He, however, further stated that today a high level meeting is taking place between the Prime Minister and the Chief Ministers of all the Provinces including GB and Chief Commissioner, ICT, where issues relating to Coronavirus (COVID-19) will be thoroughly deliberated and measures will be taken, in that, a uniform policy applicable to all the territories of Pakistan is drawn and it is ensured that the same is applied across the board and in this regard no territory of Pakistan, where people of Pakistan are living, is treated differently.
3. The Federal Government through the learned Attorney General has assured the Court that it is taking all steps to deal with this pandemic and is trying to reduce its effect on the people by taking various measures on the social welfare side and also on humanitarian grounds. Further medical supplies are being provided by the Federal Government to the Provincial Governments, including PPEs and ventilators to the hospitals and test-kits to the laboratories. Although it is stated that most of the items of PPE, test-kits and ventilators are imported but now there seems to be some consensus in Punjab and Sindh, where efforts are being made to manufacture the same locally in large quantity. The stage of making a test-kit, apparently, has not been reached but the learned Attorney General states that such will be achieved by the Government. The locally manufactured ventilators are being put to the test and hopefully, if they are found successful, they will be produced and distributed all over Pakistan.
4. The learned Advocate General, Punjab has filed a report giving in detail the steps taken by the Government of the Punjab with regard to addressing the issue of Coronavirus (COVID-19) in Punjab. The report as it reads, shows that certain steps have been taken by the Government of the Punjab, which seems to be in a positive direction and we hope that they will continue to enhance their capacity in making available; PPEs, all sorts of other protection, so also the equipments required by the people fighting such pandemic.
5. Mr. Amanullah Kanrani, learned ASC has brought to our attention that the Governmnet of Punjab has issued some executive order on the basis of which inter-provincial movement of the people has been stopped. We have asked the learned Advocate General, Punjab about the existence of such executive order and he admitted that such executive order has been passed. When confronted with Article 15 of the Constitution, the learned Advocate General, Punjab conceded that such an order cannot be passed by the executive authority; rather it has to be done by law to be made by legislature. The learned Advocate General, Punjab states that he is going to advise the Government accordingly. However, until such measure is taken by the legislature, the executive order of the Government of Punjab, restricting inter-provincial movement of the people, is struck down and set aside.
6. The learned Advocate General, Sindh has also informed the Court about the steps, the Government of Sindh taken to mitigate the spread of Coronavirus (COVID-19) in the Province of Sindh. We have, however, noted with concern that yesterday, the Provincial Government has passed an executive order sealing 11 Union Councils (UCs) in Karachi. We have asked the learned Advocate General, Sindh to give justification for such sealing, he stated that Government of Sindh has found some cases in these 11 UCs suffering from Coronavirus (COVID-19) but nothing concrete has been placed before the Court to show that such is correct and well founded.
7. Be that as it may, we have asked the learned Advocate General, Sindh as to what programme the Government of Sindh has prepared to implement the sealing of 11 UCs, in that, how the people will be reached for medical testing and screening and if any such case is found what further steps the Sindh Government will take to secure the affected person and what about his family and persons who have been exposed to him. Whether medical team and logistics in each of the 11 UCs have been deputed to undertake all exercises. How basic necessities, including, food, groceries and other utilities will be made available to the residents of these 11 UCs. The learned Advocate General states that groceries shops in these 11 UCs have been allowed to remain open but no other programme has been drawn by the Government of Sindh for these 11 UCs.
8. We have pointed out to the learned Advocate General, Sindh that in case a person is unable to purchase groceries, how he is going to survive. The learned Advocate General states that the Government of Sindh is going to look into this matter. It has also been brought to notice of this Court that free Rashan worth Rs. 8.0 billion has been distributed in Sindh by the Government of Sindh. We are not sure how far this is true but note that there is no documentation of purchase of Rashan and its distribution made available to this Court by the Government of Sindh.
9. We have also asked the learned Advocate General to inform us about the persons, who have contracted this pandemic in the 11 UCs, the learned Advocate General states that no such information is available with him. This is a very sorry state of affairs prevailing in the Province of Sindh, where not only in Karachi but other cities of the Province of Sindh, people are protesting lack of subsistence to them. Let a comprehensive report in this regard be submitted by the Government of Sindh well before the next date of hearing.
10. The Governments of KP and Balochistan, have submitted their reports, the same are taken on record. It seems that the effect of Coronavirus (COVID-19) is not so much alarming in these two Provinces, including, GB and things are being kept in control. Punjab, Sindh and ICT, however, are on different pedestals, where there is a considerable threat of surge of this pandemic. In these circumstances, let the Government of Punjab also give its report to this Court so also the ICT regarding matters relating to this pandemic and give to the Court all necessary information, which can show that citizens' fundamental rights are fully safeguarded and the State functionaries are doing all what is necessary for the survival of the people.
11. The doctors and paramedics, who are working in the front line in dealing with this pandemic, are especially affected and are at risk of contracting this disease and it is hoped that the Federal Government so also the Provincial Governments, the ICT and GB shall ensure that all necessary needs of the doctors and paramedics, in such emergency situation, are fully fulfilled. We are informed that doctors and paramedics are performing duties beyond their call of duty and at many places, they are not even being provided with food. This, in our view, is a sensitive issue, which should immediately be addressed by all the Governments and grievances, in this regard of the doctors and paramedics are redressed.
12. The condition of sanitary staff is also not good and it is informed that they are exposed to all sorts of diseases, while they are working in the hospitals and other places. No effective care is being provided to them and a request has been made that they be provided with the requisite protection, so that they may perform their work without any fear. In the circumstances, the Federal Government as well as all the Provincial Governments, including, the ICT and GB shall ensure that sanitary staff are taken care of and are provided with proper and secure uniforms, so that they can work without fear of being affected by disease.
13. The Chairman, PMA has informed that 40,000 applications for registration of doctors are pending because of the issue prevailing with PMDC. The issue is already pending in the Courts, including this Court and will be addressed soon in accordance with law.
14. The Federal Government shall also file a comprehensive report, along with the outcome of the high level meeting which is taking place today.
15. To come-up on Monday, i.e. 20.04.2020 at 11:30 a.m. MWA/S-11/SC Order accordingly.