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The Supreme Court noticed no mechanism of transparency in distribution of relief funds among the people affected by the lockdown due to coronavirus pandemic.

"No province or the department has given us [bench] transparent report but [it contains] only figure[s]."

"This is public money or has come from abroad as a loan, and how it is being utilised, nothing [about it is] before us," said the chief justice, while heading a five-judge larger bench.

The bench was hearing a suo motu case pertaining to the federal and provincial governments' response to the Covid-19 crisis.

The chief justice said the federal, provincial governments, and the Islamabad Capital Territory (ICT) would have to explain the distribution of money.

There is a need for transparency in everything.

The bench hoped all the governments will take decisions through consensus at this time of pandemic.

"All the functionaries are required to cooperate with each other, when the pandemic is taking its toll."

Justice Umar Ata Bandial observed that the Centre had given more than Rs9 billion to provinces, adding that it should monitor what the provinces were doing with that money. "Monitoring does not affect provincial autonomy. Monitoring is also a form of audit," he said.

The chief justice noted all the Zakat and Baitul Mal funds were spent on administration and incurring expenses. He said the federal and the provincial governments should examine the Zakat laws.

All the provinces need to revisit these laws.

He observed that Zakat money should be spent on the poor for that purpose it was collected, but unfortunately the officers working in Zakat department used the Zakat money for trips and TA/DA.

The chief justices directed the federal governments to submit a report on the amount of money given to the provinces, while the provinces had to file reports who had benefited from billions of rupees.

Replying to the query of passive immunisation therapies for treatment of coronavirus patients, Secretary Health Tanveer Ahmed Qureshi said that many pharmaceutical companies had been approached regarding the matter, adding, "clinical trials are being carried out, but it is not proven yet."

Justice Qazi Muhammad Amin Ahmed said that it was reported in the press about 'passive immunization'.

He questioned: Is it a myth or has it been applied on anyone?

According to Haematologist Dr Tahir Shamsi; "Under this technique, blood plasma from a healthy person is extracted and injected into the blood of a patient suffering from the coronavirus."

The court expressed its concern over inhuman conditions at a quarantine center at Haji Camp.

The CJP questioned why no facility was provided at Haji Camp as reported in the press, and IHC had given an order about it.

He wondered if the condition of quarantine center was such in Islamabad then what would be the situation of centers set up in far-flung areas in the provinces.

He asked the secretary Ministry of National Health Services, Regulations and Coordination to himself visit the centre and provide all facilities to the persons quarantined there. The bench questioned the criteria for selecting hotels in Islamabad to convert them into isolation and quarantine centers.

The secretary informed the court that quarantine centers had been set up in five hotels, which charge the patient, while treatment was free at quarantine centers in Pak-China Centre, the OGDCL Building and Haji Camp.

The chief justice said in each quarantine center there should be separate rooms, toilets, beds, running water, medicine and sanitizer for the person affected by coronavirus.

Islamabad advocate general told the court that another quarantine centre was being set up over 32 kanals in Chak Shehzad.

The roof of it will be of fiber glass.

Justice Qazi Amin said when schools' and colleges' buildings were available, then why quarantine centers were not established there.

He said all those facilities were already available in schools' and colleges' buildings.

Attorney General Khalid Jawad appreciated the suggestion, and said the government should look into this possibility.

Punjab Advocate General Shan Gul spoke about the funds distributed.

He said that money was given to people whose income had been adversely affected due to the lockdown, through EasyPaisa.

Justice Gulzar pointed out that the details of the money spent were not mentioned in the report.

The bench grilled the Sindh advocate general over details of the money spent on ration bags, which were distributed among the lower-income people. Sindh AG Salman Talibuddin informed the court that the provincial government had distributed Rs569 million from the zakat fund among more than 94,000 people.

When asked who had received the money, the AG responded: "The same people who receive zakat every year, were given the money."

The court wondered how the Sindh government distributed ration bags worth Rs1 billion without anyone knowing about it.

"Sindh government hands out pictures to media for the smallest things," the chief justice said.

"Pictures are not being taken because [the government] does not want to do politics over coronavirus," Talibuddin said, and added that the Sindh government had been distributing ration bags since March 30th.

In response to a question, the AG said the data of houses of lower-income people who qualified to receive Zakat was provided by union committees.

Explaining the rationale behind sealing of 11 UCs in Karachi, Talibuddin said by April 12, 234 cases had been detected from the sealed areas, which collectively housed more than 600,000 people.

The court welcomed the decision to reopen some industries but told the government to ensure that standard operating procedures were being followed.

Advocates General of Balochistan and Khyber-Pakhtunkhwa also presented reports on quarantine centres and money distributed among people in their provinces.

The bench paid tribute to medical professionals and sanitary staff, and instructed the provincial governments to ensure their well-being.

The case was adjourned for two weeks.

Copyright Business Recorder, 2020

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