The Islamabad High Court on Friday dismissed a plea assailing National Disaster Management Authority’s directives about conversion of three/four stars hotels into quarantine centers in the prevailing situation.
Representing identical petitioners including Hotel Margala Islamabad before court, advocate Sikandar Bashir Mohammand contended that NDMA orders about vacation of the hotels was infringement of fundamental rights of his clients.
After hearing arguments of the counsel in the matter, single-member bench of the Chief Justice Athar Minallah made it clear that federal government has taken several measures to prevent spread of the novel coronavirus.
Terming the prevailing circumstances as an extraordinary situation, the Chief Justice Athar Minallah said, “It is settled law that the interest of public at large prevails over individual rights, adding the learned counsel, despite his able assistance, was not able to satisfy this Court that the jurisdiction under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973 ought to be exercised in the prevailing exceptional circumstances”.
Dismissing the petitions, the Chief Justice Athar Minallah expressed that the court cannot exercise its discretionary jurisdiction in this matter of public interest saying, “It will inevitably amount to interference with the measures taken by the Authority and the federal government to meet the challenges that have arisen due to the extraordinary circumstances”.
While expressing satisfaction over exercising restraint in the current matter, the bench said, “It cannot be ruled out that interference by this Court with the decisions of the Authority and the federal government, may risk jeopardizing the interests of public at large and their fundamental rights”. However, the Chief Justice observed, “In case the petitioner Hotel suffers loss, it would not be without remedy because in such an eventuality remedies available under the law can be resorted to later”.
Compensation for lockdown period
While turning down a plea seeking compensation to citizens over present lockdown period in the country on Friday, Chief Justice of the Islamabad High Court (IHC) Justice Athar Minallah expressed that court has nothing to do with exercising executive powers.
A pro bono lawyer Abdul Rehman Chaudhry has invoked jurisdiction of the IHC urging for direction to federal government regarding payment of compensation to the citizens during the period of lockdown.
Declaring the petition dismissed on the grounds of maintainability, the Chief Justice Athar Minallah expressed present crisis and challenges are not confined to Pakistan only, terming the COVID-19 as a global crisis he added it cannot be assumed that the State and the respective governments are not mindful of the difficulties and hardships faced by the citizens.
The court said in the order, “The gravity of the crisis requires restraint to be exercised by this court in matters, which fall within the ambit of policy decisions of the Executive -For the above reasons, the petition is not maintainable, and , therefore, accordingly dismissed”.
