SC moved against IHC verdict on coronavirus pandemic

ISLAMABAD: The Supreme Court (SC) was requested on Monday to set aside the judgment of Islamabad

High Court (IHC) dismissing the plea of a civil society seeking formation of judicial commission to inquire into the matter of preventing the coronavirus pandemic.

Civil Society of Pakistan through Ihtesham Ahmed filed a petition in apex court under Article 185(3) of the Constitution against the judgment of Islamabad High Court dismissing its petition. Filed through advocate Tariq Asad, the petitioner has made federation, prime minister, Syed Zulfi Bukhari, advisor to

PM, DG ISPR and DG National Disaster Management Authority (NDMA) as respondents.

The petitioner submitted that the IHC chief justice, instead of hearing the parties and considering their arguments, recorded his personal views and estimation and dismissed his petition. He submitted that the prime minister had failed to take proper measures in time to control the ailment.

Chief Justice Islamabad High Court Athar Minallh had dismissed the instant petition on March 30 holding that government has formulated a comprehensive National Action Plan while the federal government and the provincial governments are dealing with the

crisis in order to prevent the spread of the deadly COVID-19 and safeguard the citizens from harm. "In such a situation it is not appropriate to doubt the bona fides of the state and its functionaries", the IHC had held, adding that it is not a time to raise controversies or to doubt the intention of the state.

The IHC had not entertained the said petition and had dismissed it accordingly. The Civil Society, however, challenging the IHC judgment in the Supreme Court contended that the impugned judgment is not in accordance with law, without hearing to the parties and without creating harmony with the earlier order passed by his brother judge.

He further submitted that while addressing the nation, the prime minister had said that the country would not be locked up as it means curfew which may not be imposed but later on it was decided by the federal government to lock up the whole country and stop free movements of people. "In order to implement this policy , the Armed Forces had to be called under Article 245 of the Constitution in aid of civil power subject to law", the petitioner contended.

He further submitted that chief justice of Pakistan during suo motu hearing on combating coronavirus had observed that the government and the members of the cabinet are entirely incompetent to perform the affairs of the government.

The petitioner prayed the apex court to grant leave to appeal against the judgement of Islamabad High Court dated March 30, 2020 and set it aside.