The Supreme Court on Tuesday ruled that the provinces are bound to comply with federation's directions on preventing menace on threat to the peace and life of people, including coronavirus pandemic.
A five-judge bench said that under Article 149(4) the executive authority of the federation can give directions to the provinces in a manner in which the executive authority thereof is to be exercised for the purpose of preventing any grave menace to the peace, including on coronavirus.
The bench headed by Chief Justice Gulzar Ahmed heard a suo motu on federal and the provincial governments measures to combat coronavirus crisis.
The bench directed the NDMA and the Ministry of National Health Services, Regulations and Coordination (NHSRC) to file reports regarding the matter.
The court also ordered the federal and provincial governments, Gilgit-Baltistan and the ICT to file progress reports on coronavirus.
The court directed the federal and all the provinces to pay outstanding salaries and pensions to sanitary workers within two days.
The chief justice directed the advocate general Sindh to give special treatment to the sanitary workers and provide them PPEs not only in Karachi but the whole of Sindh.
The court turned down the requests of Attorney General for Pakistan ((AGP) and Advocate General, Sindh, to constitute a team of medical experts for their advice on coronavirus pandemic.
Both of them had underscored the need for forming a committee comprising medical experts including epidemiologists from the federation and each province to seek their opinions on diseases.
The chief justice said the matter is already before the federal government and they do so accordingly.
At the onset of the proceedings, AGP Khalid Jawed Khan briefed the court about the steps taken by the governments.
The governments are making unprecedented efforts.
He told that the worst has yet to come, adding the government is expecting a serious spike in June "which will be horrendous," adding if proper measures are not taken in time then such a situation would emerge that the governments would be unable to cope with it.
The court said: "We are aware the reality of the COVID-19 that is very much in Pakistan and has caused many casualties and a large number of people are affected by the disease and ailment is being spread.
"There is probability that the coronavirus may spike in that there may be acute medical emergency and lot of funds and resources will be required to meet the same. Pakistan's economy is such not to bear the expenses of medical emergency. Nor does it have enough resources for the same. However, the government is trying to mitigate the situation."
Chairman National Disaster Management Authority (NDMA) Muhammad Afzal told the court that the PPEs are manufactured locally and private sector will be encouraged to give support in manufacturing PPEs.
Ventilators which were not produced in Pakistan, their production will start soon. They have given ordered for the import of 1,187 ventilators and out of that 300 have been received and distributed among provinces, ICT and Gilgit-Baltistan.
He also said that the medical equipment and the testing kits for coronavirus will be manufactured in Pakistan.
The chief justice thanked the chairman NDMA and wrote in his order; "We are grateful for such report and appreciate his efforts to combat coronavirus."
About the import of 467 medicines from India, the AGP stated the prime minister has constituted a committee and action will be taken against the responsible persons.
The chief justice said the apex court should not be blamed for opening of shopping malls. Justice Sardar Tariq said yesterday (May 18) the advocates general of the Punjab and ICT had informed the court that shopping malls would be opened from today (Monday) therefore they had directed AG Sindh to open the shopping malls in his province.
They bench said they would examine the issue of opening of shops, markets and businesses on Saturdays and Sundays.
A day ago (Monday) the apex court declared the National Coordination Committee's (NCC's) decision to close businesses on Saturdays and Sundays illegal and had set it aside.
Earlier, the chief justice stated; "We are not much concerned with the expenses, but the quality of services provided and human resources put in for the purpose [for treatment of Covid-19 patients]."
He said that Pakistan perhaps has enough funds, but there is a need to use it sensibly.
The chief justice said Pakistan is a poor country and it is counted and measured as Afghanistan, Ethiopia, Somalia, and Yemen. "One day you [Pakistan] will become like Somalia, where there is one king and rest of the people are like animals."
"All the resources of the government are to be used for the people and not for exclusive class which is two percent, while 98 percent are ordinary citizens."
The case was adjourned until June 8th.
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