ISLAMABAD: The Islamabad High Court (IHC) said the public functionaries and the entire national leadership were expected to demonstrate extraordinary qualities in view of the second wave of Covid-19.
The acts or omissions of those who do not display responsible conduct as citizens inevitably expose others to harm and expose them to the life-threatening risks relatable to Covid-19.
“Such conduct indeed borders on criminality.”
A single bench of Chief Justice Athar Minallah on Wednesday disposed of Islamabad Marquees, Catering and Banquet Hall Association (IMCBA) petition challenging the National Command and Operation Centre (NCOC) decision of imposing a ban on ‘indoor marriages’ saying that it would not ‘interfere’ in this matter.
CJ Minallah wrote that this court was not inclined to interfere with the decisions of the Committee because it could expose the public at large to irreparable harm.
He informed that the Committee is headed by the prime minister and, includes the chief ministers of the all provinces, Gilgit and Baltistan Region, and the Prime Minister of the Azad Jammu and Kashmir.
The Committee is assisted by experts from across the country and its decisions are based on expert advice, which must be respected and followed in order to avert a catastrophic social, economic and life-threatening crisis.
The IHC noted that the invisible enemy threatening humanity can only be defeated through a unified committed effort.
The nation has no other choice but to unite and protect humanity from the harm of the pandemic. The constitution of the Committee has a national character and thus, its decisions are not only to be trusted and respected but treated as binding. It is the duty of the NCOC to ensure implementation of the decisions of the Committee.
The decisions taken in the 19th meeting held on 16.11.2020, appear to be reasonable and thus binding.
Even otherwise, it is settled law that courts exercise restraint in matters of government policies except when it can be shown that fundament rights have been violated.
Policy making is within the exclusive domain of the executive and interference in such domain is not the function of this Court.
The judgment noted that the deadly pandemic has become a reality and no one is immune from its devastating harm.
Every citizen ought to realise that he or she, as the case may be, could be the next victim if its spread is not contained.
The human and economic cost of this deadly pandemic is unimaginable.
Though it does not show mercy to any particular class but the worst affected are the weaker and marginalised segments of the society i.e. the daily wagers and others who are employed in the informal sectors of the economy.
The ethical tragedy of having to choose who to save has been a reality and not a mere fiction in those societies which have developed the most advanced healthcare facilities.
In Pakistan, a second wave is spreading rapidly, which is reported to be more severe and deadlier than the previous.
The Chief Justice of the Peshawar High Court, Justice Waqar Ahmed Seth, was among many who have fallen victim to the deadly virus.
The measures and decisions taken by the Committee and its implementation are related to the right to life of every citizen and guaranteed under Article 9 of the Constitution.
It is a challenge, not only for the government but every citizen, to contain the spread of the second wave of the pandemic.
“It is not a choice but a duty of the citizens to contribute towards this national goal.”
The freedom of an individual and rights are subservient to the interests and rights of the public at large.
“It is the duty of every citizen not to infringe the constitutionally guaranteed rights of others. When a citizen acts in disregard to the interests of the general public, the constitutionally guaranteed rights are breached.”
He stated that Article 5 of the Constitution declares obedience of the Constitution and the law as an inviolable obligation of every citizen.
“In the present crisis, it is the duty of every citizen to demonstrably show his or her commitment to the national effort in containing the menace of the spread of the second deadly wave of the pandemic.”
In many countries such conduct is likely to expose a violator to the imposition of heavy fines, besides being sent to prison upon conviction.
It is, therefore, the duty of every citizen to prevent the propagation of the Covid-19 pandemic.
The IMCBA through its chairman Mukhtar Abbas had challenged the suspension of indoor wedding functions from November 20 amid virus outbreak.
He took the position that the marquees were banned but the government itself was holding large rallies.
Copyright Business Recorder, 2020
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