The Supreme Court on Monday observed that there is ‘no valid reason’ to keep shopping malls and big markets closed, ordering that all shopping malls and markets should remain open seven days a week, which were earlier shut down by the government amid lockdown imposed to curb the spread of coronavirus.
A five-member larger bench of Supreme Court headed by Chief Justice Gulzar Ahmed and comprising Justice Umar Ata Bandial, Justice Mazhar Alam Khan Miankhel, Justice Sajjad Ali Shah and Justice Qazi Muhammad Amin Ahmed heared a suo moto case regarding measures taken by the government to contain the virus outbreak.
During the hearing, Chief Justice Gulzar Ahmed remarked that if the shops are shut down, shopkeepers will ‘die of hunger rather than coronavirus’. The court also addressed the opening of markets on Saturday and Sunday, saying that the move is a violation of articles 4, 18 and 25 of the constitution and is not justifiable. “We do not find any justifiable rational or reasonable classification on the basis of which these two days are excluded from doing business, for that, all days of the week are the same. It is for the convenience of the human beings that the days have been given names, otherwise, there is no distinction between other days of the week from Saturday and Sunday,” the court said in its written order, declaring the decision to be illegal.
In its written order, the court noted that the Punjab government and Islamabad administration have already approached the National Health Services and Research Centre (NHSRC) for permission to reopen malls. “If such can be done by the biggest province of Pakistan, Punjab, why the similar cannot be done by Sindh and apparently, we find no valid reason or justification for the same,” the order read, directing Sindh government to approach the NHSRC for permission.
The court observed that markets and shops have also been opened in Khyber Pakhtunkhwa, Balochistan and Gilgit-Balitistan, and the respective governments have agreed to ensure that standard operating procedures (SOPs) are followed. Justice Gulzar Ahmed said that in Karachi, except for five big malls every market has resumed operations. Upon which, Commissioner Karachi Iftikhar Shallwani said that a few markets have been sealed for not following the standard operating procedures laid out by the government. “The sealed markets should be opened and instead of intimidating them (shop owners), make them understand (the situation and SOPs),” remarked the top judge, and summoned details of all big shopping malls across Karachi from the commissioner. The attorney general of Pakistan also presented arguments via video link from Karachi registry during the hearing, while additional attorney general appeared before the court.
The CJP expressed indignation over the violation of decisions undertaken during the National Command and Operations Centre meetings. “What were the decisions taken by the NCOC?” said the top judge, to which Deputy Attorney General Sohail Mahmood responded that the NCOC decided to reopen the construction sector. “What was the other decision,” asked the CJP. “The NCOC’s other decision was to open small shops and community markets,” said the deputy attorney general, adding that the decision regarding reopening of big malls was not taken. The top court called the report presented by the NDMA unsatisfactory, saying that the country’s resources are being utilized in ‘a wrong manner’. “Why has not our country gained the capability to produce its own testing kits?” he said to the representative of the NDMA. To which the NDMA official responded that the health ministry can give a better response in the matter.
The top court, in its written order, said that it is ‘not at all satisfied’ by the report presented by the NDMA, saying that it can ‘find no reason why so much money is being spent on this coronavirus’. “There are other serious ailments prevailing in the country, from which people are dying daily and those ailments are not being catered and the coronavirus (Covid-19), which apparently is not a pandemic in Pakistan, is swallowing huge money.”
During the hearing, the bench grilled NDMA over the money being spent to deal with the coronavirus crisis. “What is the reason behind spending hundreds and thousands of rupees on one patient?” the chief justice asked the NDMA representative. “Corona did not come so that someone can take away Pakistan’s money,” he remarked, adding that billions of rupees are being spent on tin charpoys. Justice Amin expressed similar reservations. “I don’t think money is being spent on corona with due consideration,” he said. Later, the hearing was adjourned until today.
