ISLAMABAD: Islamabad High Court (IHC) dismissed a petition seeking ban on political and religious gatherings across the country amid the second wave of Covid-19. The IHC judgment also turned down the petitioner's prayer seeking a direction to the PEMRA, saying it can neither be considered nor granted by a constitutional court because of its likely implications in the context of the guaranteed fundamental rights under Articles 19 and 19-A of the Constitution.
A single bench of Chief Justice Athar Minallah on Thursday heard a petition filed by a lawyer, Hazrat Younas, who urged the court that an order be issued to stop political and religious gatherings in the country as Covid-19 cases continued to rise.
The bench after hearing the petitioner's arguments dismissed the petition, and noted, "This Court is not inclined to exercise its extra ordinary constitutional jurisdiction under Article 199 of the Constitution and, therefore, the petition is accordingly dismissed."
The petitioner had expressed grievances pertaining to failure on part of the executive authorities to implement the decisions of the NCOC and requested the court to direct the respondents to implement the guidelines Dated 13-10-2020 issued by the NCOC regarding outdoor gatherings all over Pakistan in letter and spirit
The petitioner also prayed before the court to direct the respondents to ensure that no outdoor gatherings, political, religious or otherwise are conducted by any political party, association or organisation that too in violation of the guidelines of the NCOC.
The IHC judgment said it was not disputed that during the past few weeks there had been a noticeable surge in the spread of the deadly virus i.e. Covid-19.
The spread and impact of the virus is definitely unprecedented. It is public knowledge that the disastrous consequences of the virus threaten human lives.
Justice Minallah stated that the public health emergency and the ensuing economic crisis had exposed the poor and marginalised segments of the society the most to unimaginable harm.
The deadly pandemic has become a reality and no one is immune from its devastating harm, whether elites or the downtrodden.
Justice Minallah further said that every citizen, the civil society, political leadership and institutions had to play their respective roles to meet the challenges that stem from the threatening consequences of the virus.
"The Parliament has a crucial role in leading the nation in times of crisis. The representatives of the people are expected to display extra ordinary leadership qualities in difficult and uncertain times. Their role is crucial to protect the nation from harm. The treasury and opposition benches are expected to unite the nation when it is faced with a crisis having devastating consequences," maintained the bench.
The IHC CJ further said, "It is an onerous duty of the elected executive of the State to ensure that the Parliament is functional and plays its effective role in uniting the nation so as to deal with emergencies and challenges such as the likely fatal consequences of Covid-19. It is an obligation of the executive authorities to implement its decisions aimed at protecting lives."
He observed that the citizens are also expected to demonstrably show through their conduct, that they are fulfilling their duties as responsible citizens in response to the pandemic.
Copyright Business Recorder, 2020