Conditional ban on inter-provincial transport: SC strikes down Buzdar's notification

Expressing disappointment over the measures taken by the provincial government of the Punjab, the Supreme Court on Monday struck down a notification issued by the chief minister pertaining to conditional ban on inter-provincial transport.

A five-judge bench headed by Chief Justice of Pakistan Justice Gulzar Ahmed comprising Justice Umar Ata Bandial, Justice Mazhar Alam Khan Miankhel, Justice Sajjad Ali Shah and Justice Qazi Muhammad Amin Ahmed heard suo motu case on government's measures to curb the spread of the coronavirus.

Terming the reports on measures taken to stem the novel coronavirus by the federal and the provincial governments including Gilgit-Baltistan, the apex court sought more detailed reports within a week.

During the course of the proceedings, the CJP expressed reservations over the provincial government's performance to combat the coronavirus.

He said that questions raised in the previous court order were not answered.

There were a lot of ministers and advisers, who were not doing proper work, he added.

The court had asked that the legislation should be enacted in the country, but the legislators were afraid of going to the Parliament House.

Justice Qazi Amin said the court wanted to resolve the matters. At a briefing given by the government, they had observed that the court was not interfering in their affairs.

To a court's question about the social distance, the Attorney General for Pakistan said the government was working on it.

The Advocate General Sindh was asked as to what the government should do if the people did not follow its guidelines.

Justice Qazi Amin said that the government should surrender if it could not enforce the law.

To a court's query, the attorney general informed that the Federal Investigation Agency was investigating into export of medical equipment to China without duty.

The chief justice said once Pakistan was included in the list of manufacturing countries, while thousands of warehouses were built on Hawks Bay.

But now industries had been closed and no one was paying attention towards it for the last 30 years, he added.

The Supreme Court rejected the Punjab government's decision to conditionally ban inter-provincial transport, observing that it was a violation of Article 15 and basic human rights.

The Punjab government was not authorised to make such a decision. The attorney general assured the court that effective measures would be taken to deal with the coronavirus.

He also assured that the focus would be on the social sector along with health.

The Advocate General Punjab informed the court about the situation of hospitals in the province and the steps taken to control the coronavirus.

He said the locally prepared personal protective equipment (PPE) and medical kits would be provided to the doctors and paramedical staff in hospitals.

The work on locally manufactured medical devices and ventilators was also underway, and if the products met the standards, the same would be provided to the hospitals.

Justice Qazi Amin observed that the doctors took an oath that they would sacrifice their lives to save their patients.

The chief justice said the government and all its institutions had their own limitations.

The doctors should continue work within available resources.

A representative of doctors informed the court that about 10,000 doctors were waiting to be registered with the PMDC. The court also sought details of expenses incurred on advisers, special assistants and ministers.