Case Details

Citation(s)
2020 SLG 718 2020 SLD 718 2020 SCMR 731
Supreme Court of Pakistan
SUO MOTU ACTION REGARDING COMBATING THE PANDEMIC OF CORONA VIRUS (COVID - 19): In the matter of Suo Motu Case No. 1 of 2020, decision & hearing Date : 13-04-2020.
UMAR ATA BANDIAL, JUSTICE MAZHAR ALAM KHAN MIANKHEL, JUSTICE SAJJAD ALI SHAH, JUSTICE
Khalid Javed Khan, Attorney General for Pakistan, Sohail Mehmood, DAG, Dr. Tanveer Qureshi, Secretary M/o National Health, Saeed Ullah Khan Niazi, Js. (Admn), Asif Suhail, Director (Lit), G.M. Jakhrani, Dy. Director (Lit), (All from M/o National Health) a

SUO MOTU ACTION REGARDING COMBATING THE PANDEMIC OF CORONA VIRUS (COVID - 19): IN THE MATTER OF

Law: Constitution of Pakistan, 1973

Section: 15,184(3)

(a) Constitution of Pakistan--- ----Art. 184(3)---Suo motu action regarding combating the pandemic of Corona virus (COVID-19)---Measures taken by Federal Government, Provincial Governments and Islamabad Capital Territory to deal with Corona virus---Reports submitted before the Supreme Court by Provincial Governments, Islamabad Capital Territory (ICT) and Gilgit-Baltistan (GB)---Concerns recorded by the Supreme Court over different issues including supply of Personal Protective Equipment (PPE) and ventilators for hospitals; availability of testing kits; sealing of Union Councils through executive orders; alleged distribution of free rations worth billions without any documentation for its purchase and distribution; lack of subsistence supplies in different cities, and threat of surge of pandemic---Supreme Court expressing its concerns over measures taken by the Federal and Provincial Governments and Islamabad Capital Territory (ICT) issued directions and asked them to file comprehensive reports before next date of hearing regarding matters relating to the pandemic giving the Supreme Court all necessary information, which could show that citizens fundamental rights were fully safeguarded and the State functionaries were doing all what was necessary for the survival of the people---Case adjourned. (b) Constitution of Pakistan--- ----Arts. 15 & 184(3)---Suo motu action regarding combating the pandemic of Corona virus (COVID-19)---Freedom of movement---Executive order issued by Provincial Government restricting inter-provincial movement of people---Movement record pro formas---Mandatory requirement for people to show their corona virus negative test reports and also take a certificate from the authorities concerned for travelling between two districts within the Province and for travelling to any other Province---Constitutionality---Provincial Advocate General when confronted with Art. 15 of the Constitution conceded that such an executive order could not be passed by the executive authority; rather it had to be done by law to be made by the legislature---Provincial Advocate General assured that he was going to advise the Provincial Government…
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