Hotels conversion into quarantine facilities: IHC turns down petition against NDMA's orders

The Islamabad High Court (IHC) on Friday turned down a petition against the National Disaster Management Authority (NDMA)'s orders to convert hotels into quarantine facilities for treating coronavirus patients.
A single bench of IHC Chief Justice Athar Minullah heard the petition filed after the NDMA issued orders to turn three-star and four-star hotels into quarantine centres and dismissed the petition.
The petitioners had assailed the NDMA March 16, 2020 and March 28, 2020 orders directing vacation of "three/four star hotels" and their conversion into "Quarantine Centers" in order to meet the challenges posed by the prevailing extraordinary situation.
In its written order, the IHC bench noted; "The measures taken by the federal government and the authority are obviously to safeguard the public at large and their fundamental rights. It is an extraordinary situation and it is settled law that the interest of public at large prevails over individual rights."
Justice Minallah stated that the counsel, despite his able assistance, was not able to satisfy this court that the jurisdiction under Article 199 of the Constitution ought to be exercised in the prevailing exceptional circumstances.
He said the jurisdiction was discretionary in nature. The order said; "It is in public interest not to exercise the jurisdiction because it will inevitably amount to interference with the measures taken by the authority and the federal government to meet the challenges that have arisen due to the extraordinary circumstances.
It cannot be ruled out that interference by this court with the decisions of the authority and the federal government, may risk jeopardizing the interests of public at large and their fundamental rights. This court is, therefore, satisfied that restraint ought to be exercised."
The IHC chief Justice maintained that in view of the present situation they were not inclined to exercise its jurisdiction under Article 199 of the Constitution therefore, this petition was accordingly dismissed.
He stated that in case the petitioner hotel suffers loss, it would not be without remedy because in such an eventuality remedies available under the law could be resorted to later.
The petitioner's counsel contented that the NDMA was not authorised to take such a decision and the government should utilise places owned by it rather than turning to private properties. He cited the home secretary, the secretary health, the NDMA chairman, and the chief commissioner Islamabad as respondents.
The IHC judge said that the government was taking measures for the protection of its people. "How can the court interfere then?" he further said that when it comes to protecting the people, the government can even use my home.
The counsel argued that even if a constitutional emergency was invoked, fundamental rights could not be suspended. He said that due to the coronavirus outbreak, hotel staff had been on leave since March 28.