Inquiry into Covid-19 spread: IHC dismisses plea seeking judicial commission

The Islamabad High Court (IHC) said it was not a time to raise controversies or to doubt the intention of the State and its functionaries in meeting the challenges posed by the deadly COVID-19.
A singe bench of IHC Chief Justice Athar Minallah on Monday, after hearing the arguments dismissed the petition of the Civil Society of Pakistan to constitute a high-level judicial commission to ascertain the responsibility of the people, who failed to perform their obligations resulting in the increase of coronavirus patients in the country.
The IHC order said: "The World Health Organization (WHO) has declared "Public Emergency of International Concern" and pursuant thereto the Government of Pakistan has formulated a comprehensive National Action Plan. The federal government and the provincial governments are dealing with the crisis in order to prevent the spread of the deadly COVID-19 and safeguard the citizens from harm."
"In such a situation, it is not appropriate to doubt the bona fides of the State and its functionaries. Moreover, it is a global challenge to contain the spread of the COVID-19. It is the duty of every citizen to act in a responsible manner.
It is not a time to raise controversies or to doubt the intention of the State and its functionaries in meeting the challenges posed by the deadly COVID-19. The challenges can only be met through a united stand. Indeed, in these challenging times the saying that "united we stand and divided we fall" is most relevant," maintained the bench.
It added, "It is, therefore, not in public interest to entertain the petition as it would raise an unnecessary controversy and prejudice the efforts of the State to combat the challenges posed by an invisible enemy. Moreover, the jurisdiction of this Court under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973 cannot be exercised to conduct roving inquiries.
It is of paramount importance to remain united and have trust and confidence in the State and its functionaries and avoid raising controversies at this stage."
"For the above reasons, this court is not inclined to entertain this petition and, therefore, it is accordingly dismissed," noted the bench.
The civil society filed the petition through its counsel Tariq Asad Advocate, and cited the Federation of Pakistan through secretary Interior, the prime minister through his principal secretary, Sayed Zulfikar Abbas Bukhari alias Zulfi Bukhari, advisor to the prime minister, director general ISPR, and director general National Disaster Management Authority (NDMA) as respondents.
According to the petitioner, the Government of Pakistan failed to exercise their diplomatic privileges to convince the government of Iran to keep the zaireen and provide them facilities required in the prevailing situation.
He added that consequently the zaireen were shifted to different cities of Pakistan like Multan and Sukkur. He maintained that since at that time, there was no patient of coronavirus in Pakistan but after they were shifted from Iran, the virus was transferred to other citizens and it spread.