IHC observes contradiction in govt's coronavirus policies
CJ Athar Minallah says it is time for all political forces to unite against the COVID-19 pandemic
November 18, 2020
The Islamabad High Court on Wednesday noted contradictions in the government’s policies to contain the rising spread of coronavirus in the country.
A single bench comprising IHC Chief Justice Athar Minallah made the observation while hearing a petition challenging the government’s decision to ban indoor weddings.
Justice Minallah said the current wave of infections was more serious and needed extreme caution. Noting that the UK police have been authorised to penalise those violating COVID-19 SOPs, he said it was the government’s responsibility to ensure enforcement of the safety guidelines.
“The coronavirus claimed lives of your father and Peshawar High Court (PHC) chief justice Waqar Seth,” he said, addressing petitioner’s counsel Sardar Taimoor Aslam. “We should voluntarily shut down everything.”
To which, Aslam replied that Prime Minister Imran Khan had directed against closing down businesses.
The hearing was also attended by Attorney General of Pakistan Khalid Javed Khan, Additional Attorney General Tariq Khokhar, and Deputy Attorney General Tayyab Shah.
Read more: Coronavirus cases in Pakistan and abroad on November 18
“We cannot ignore the coronavirus situation,” said Khan. “For us, it is saving lives versus saving livelihoods. A complete shutdown is easy but we are not headed that way. The decision will be taken by the federal and provincial governments.”
The judge observed that the petition was filed when the government itself was non-serious about the issue. Noting the COVID-19 SOP violations during electioneering ahead of the polls in Gilgit Baltistan, he said the situation was “worrying”.
“This is why the premier postponed his jalsa,” said Khan. The judge noted that it “is the poor people who bear the brunt. The rich have access to facilities”.
Justice Minallah expressed dismay at the Parliament not playing its due role despite one of its members dying due to the coronavirus. “We have high expectations from the Parliament. We don’t know what the future holds. No one seems to think that they can be next [victim of COVID-19].”
The judge said it was time for all political forces to unite against the virus. “Extraordinary circumstances call for extraordinary leadership,” he observed.
“We trust the experts’ opinion and government measures. You and I both need to follow the COVID-19 SOPs,” said Justice Minallah.
The court disposed of the petition.
The petition
The petition had sought that the NCC's decision to ban indoor marriages, set to go into effect on November 20, be declared null as it is "without any legal and rational basis, arbitrary and discriminatory and violative of Articles 4, 18 and 25 of the Constitution".
The NCC, in a meeting on November 16, had made the following decisions:
| # | Decisions/directions by NCC | Responsibility | Timeline |
| 1 | Large gatherings: All Outdoor gatherings of more than 300 persons to be banned. SOP implementation shall be the responsibility of the organizers and they would be liable for any death or spread of Covid-19 due to these gatherings as per law. | All Chief Secretaries/Chief Commissioner ICT | Immediate |
| 2 | Weddings: No indoor event to be allowed; only outdoor events with maximum of 300 guests will be allowed. | All Chief Secretaries/Chief Commissioner ICT | November 20, 2020 |
| 3 | Restaurants: Indoor dinning allowed for present. To be reviewed in a week’s time. The public is strongly encouraged to use either outdoor or takeaway options. This is in view of high risk of transmission of virus in close indoor settings especially when masks are taken off during eating. | All Chief Secretaries/Chief Commissioner ICT | Immediate |
| 4 | Educational institutions: The option of early/extended winter vacations will be reviewed after consultation by Federal Education & Professional Training Division with all Provinces/Federating Units, in a week’s time. | Minister, Federal Education & Professional Training Division Provincial Education Ministers | November 23, 2020 |
| 5 | Reiteration of enforcement of masks in all closed and crowded spaces by local authorities as previously decided. | All Chief Secretaries/Chief Commissioner ICT | Immediate |
The court's order
