SOPs devised at national level should be implemented: Why mosques are being shut in Sindh, asks Justice Mazhar

30 Apr, 2020

Sindh High Court (SHC) on Tuesday sought the reply from provincial government about the implementation of standard operating procedures (SOPs) of federal government to prevent spread of Covid-19.

A division bench of SHC headed by Justice Muhammad Ali Mazhar issued notices to the Sindh chief secretary and other official respondents to furnish their response on a petition against the provincial government's "failure" to ensure implementation of the Centre's standard operating procedures (SOPs) for congregational prayers.

The SHC directed the respondents to come up with their replies by May 7.

During the hearing, Justice Mazhar said the standard operating procedures (SOPs) devised at the national level should be implemented, questioning why mosques are being shut in the province and questioned why the SOPs devised by President Arif Alvi after a meeting with Ulema are not being followed.

The petitioner stated before the judges that the Sindh government doesn't act on the Centre's directives, citing the 18th constitutional amendment and requested the court to declare it void.

The petitioner also sought to strike down the 18th constitutional amendment.

Justice Mazhar observed the SHC lacks the powers to strike down the constitutional amendment as it is up to members of the legislatures to enact legislation.

He added the court could not issue any orders with regard to the amendment.

Subsequently, the petitioner took back his plea for annulment of the constitutional amendment.

Meanwhile, SHC bench observed that a mechanism should be put in place for operation of transport while hearing the petition against ban on inter-provincial movement of transport by Sindh govt.

The bench observed that essential items are in short supply in markets and that can lead to a crisis.

The bench observed that the SOPs should be devised for the transport sector like the others and said that the provincial government should look into this matter to ward off shortage of goods in markets.

The transporters submitted that spare parts shops and workshops are opened at highways in other provinces and stated that Punjab put in place SOPs for transport sector but in Sindh, no exercise has been carried out so far.

The court adjourned the hearing for May 6 after the provincial government sought time for reply.

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