'Making Of Laws At The National Level Is Essential For Dealing With The Cases Of COVID-19', Pakistan Supreme Court Reminds The Federal Government [Read Judgment]

The Supreme Court of Pakistan on Monday (08-June-2020) stressed that the Federal government needs to take COVID-19 seriously and come up with a uniform national legislation to overcome this health emergency. This comes at the time when at least two judges of the Supreme Court have tested positive for COVID-19.A 4 judge bench of the Supreme Court of Pakistan, comprising Justices Gulzar Ahmed (Chief Justice), Ijaz ul Ahsan, Qazi Muhammad Amin Ahmed, and Sayyed Mazahar Ali and Akbar Naqvi, conducted hearing of a suo-moto notice on Federal and the provincial governments' measures to combat COVID-19, and later deferred the proceedings in this matter for two weeks. Attorney General Khalid Javed, Deputy Attorney General Sohail Mahmood and Idress Mehsud, Member (Legal) National Disaster Management Authority (NDMA) appeared before the court. The order, dictated by Chief Justice Gulzar Ahmed (heading the bench), acknowledged the fact that making law is essential to deal with the Pandemic; therefore in its order dated 07-04-2020, the Court had pointed out that it is important to formulate a uniform strategy at the national level; however, as the Court noted, nothing has been done in this regard. When asked as to whether any law has been made in this regard, the Attorney General for Pakistan, Mr Khalid Javed Khan stated that "Although some Provincial Governments have made laws, as yet no law has been made at the national level for dealing with the Coronavirus (COVID-19) and its effects on the citizens." In this regard, the Court in its order said that, "…making of laws at the national level is essential for dealing with the cases of Coronavirus (COVID-19) and that this Court vide its order dated 07.04.2020 has emphasized its importance, however, we observe that the needful in this regard has not been done. We, therefore, re-emphasize the importance of legislation at the national level." On the miseries of sanitary workersThe Attorney General also contended before the Top Court that the Federal Government, Provincial Governments, Local Governments, Cantonment Boards, ICT (Islamabad Capital Territory) and Gilgit-Baltistan Government, which are required to maintain sewerage, including man-holes and cleaning of medical refuse and general cleaning of their respective areas, should be directed to provide, to the sanitary workers, all required safety kits in order to ensure that while doing their work, their health is not adversely affected by any disease. In response to this, the Court took cognisance of the problems and miseries of sanitary workers and ordered that no sanitary worker should be asked to indulge in the cleaning of sewerage manholes without carrying safety kits with themselves. In an attempt to protect and reiterate the importance of the right to life and liberty (as guaranteed under Article 9 of the Constitution of Pakistan) of the sanitary workers, the Court in its order observed that, "We note that sanitary workers, although employed for doing sanitary work, this does not mean that they should do sanitary work where their health and life may be jeopardized. They should not be asked to work beyond the call of duty." Further, the Court also emphasised that all facilities should be provided to the sanitary workers, besides enacting laws for their protection. On Personal Protective Equipment (PPE) kits and No. of laboratories conducting COVID-19 tests The Court was informed by Mr Idrees Masood, Member, NDMA that Personal Protective Equipment (PPE) is being manufactured by Pakistan Ordnance Factories (POFs) Wah Cantt as well as DESTO (Defense Science and Technology Organization). It was also admitted that the machinery to manufacture PPE was recently imported by DESTO. In response to this, Court ordered that the documents related to the import of machinery (involved in the manufacturing of PPE kits) should be filed by the NDMA with its next report to be submitted to the Court. Further, since the member, NDMA was not aware of the correct number of laboratories conducting Coronavirus (COVID-19) tests in Pakistan, he was also directed by the Court to file a report listing details regarding all the laboratories which are operating all over Pakistan and are providing the testing facility for Coronavirus (COVID-19). On the threat posed by locusts Concerning locust, the Court was apprised of the fact that a survey has been carried out of 26 million hectares of land all over Pakistan, while 529,000 hectares of land has been sprayed. Acknowledging the threat posed by the Locusts in the Country, the Supreme Court in its order observed that locusts had been in Pakistan for a long time and they had completed two cycles of their breeding in the territory of Pakistan. Further, the Court noted that all-out effort had not been undertaken to combat this menace. The Top Court noted, there is no doubt that the locusts pose a danger to the agriculture sector in Pakistan, in that it may wipe out most of the agricultural production...

'Making Of Laws At The National Level Is Essential For Dealing With The Cases Of COVID-19', Pakistan Supreme Court Reminds The Federal Government [Read Judgment]

Sparsh Upadhyay

Tags