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Chief Justice, Peshawar High Court, Justice Dost Mohammad Khan has said that polio eradication is not only ethical and scientific but legal and constitutional responsibility of the state and apart from the steps the state and the Court had so far taken, in future whenever and wherever any polio case is reported, they will take its judicial notice, investigate and fix responsibility.
Addressing a function to inaugurate polio eradication campaign launched in the province and Fata during April 22-25, the CJ pointed out that a bench of the PHC, which he himself presided over, had already observed that the state couldn't shrug its responsibility under the garb of scarcity of resources with regard to protecting marriage, family, the mother and the child as enshrined in Article 35 of the Chapter of Principles with the only condition of "the available resources" as stated in Article 29 (2) of the Constitution.
The CJ also proposed to the government that in view of the growing incidents of polio in Fata either the ongoing operation be stopped or ensure the safety of the deputed personnel to administer vaccine to all children. Other judges of the High court, Registrar, Advocate General, Deputy Attorney General, members of the subordinate judiciary, lawyers and parents participated in the function while AIG, Motorways police Farooq Azam Khan, representative of Unicef Lucio Malandry, WHO Dr Ubaidul Islam, Director General Health Dr Sharif Ahmad Khan, EPI Director Dr Janbaz Khan Afridi and Dr Ashfaq addressed.
With regard to the role of provincial judiciary, he said it was very crucial, if seen in the perspective of public interest, and predominantly more legal than scientific. The fundamental right of security of person as guaranteed by the Constitution is not confined to providing security against the physical onslaughts "but it encompasses the provision of all that which is necessary for leading a healthy life. The Constitution while guaranteeing the fundamental right apparently focuses on individuals but the ultimate scheme is to make this individual lead purposeful and meaningful life so as to be a valuable contributor towards collective life of all the citizens of the country and for that matter the globe and in wider sense of universe."
This objective cannot be achieved if the term "life" is taken into its narrower sense of mere physical existence. He regretted that Pakistan was one of the four countries in the world which had not been declared polio free. The four countries still endemic with polio are Pakistan, Afghanistan, India and Nigeria. Nigeria reduced its yearly cases from over 750 cases a few years ago to 350, then 42 in 2010, this year they have witnessed only 26 cases so far. India has done even better as only one case of polio was reported in the last 15 months. Afghanistan is doing well with only 18 cases so far this year and Pakistan is struggling but still reporting 173 in the year 2011, therefore the situation in Pakistan is alarming.
As it was noticed that polio had increased alarmingly in Khyber Agency, the PA of the Agency was summoned to gear up the efforts and mobilise all the resources for reaching out the areas where actual war is underway. An appeal has been made to clergy for using their influence in making the people aware of the importance of the campaign.

Copyright Business Recorder, 2012

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