SC questions state’s preparedness to fight Covid-19 pandemic

ISLAMABAD: Expressing concern over the government’s plan to contain the spread of the novel coronavirus, the Supreme Court on Monday questioned the state’s preparedness as well as the qualification of PM’s aide on health Dr Zafar Mirza for fighting the pandemic, as the cases crossed 3,600, with 52 deaths after five more fatalities. Chief Justice Gulzar Ahmed was heading a five-member larger bench to hear the petition pertaining to the release of under-trial prisoners amidst the coronavirus pandemic in the country.

Justice Umar Ata Bandial, Justice Mazhar Alam Khan Miankhel, Justice Sajjad Ali Shah and Justice Qazi Muhammad Amin Ahmed were part of the bench.

During the hearing, the top judge questioned the government’s action plan regarding the spread of the virus and Special Assistant to the PM on National Health Services Regulations and Coordination Dr Mirza’s qualification. “What sort of an emergency has been imposed in the country where all the hospitals in the country have been closed,” Justice Ahmed remarked, saying private clinics in the country had also been closed.

“No one knows what is happening on the ground. Is this how we will deal with this pandemic? The Centre has nothing and they are doing nothing as well.”

To this Attorney General Barrister Khalid Jawed Khan told the court that they had submitted a report in this regard, saying the federal government was taking all the necessary steps for the purpose.

However, the chief justice remarked: “The public has been left on their own. The provincial governments keep talking about distribution of rations and funds and the chief ministers keep issuing orders from their homes. Nobody knows about the ground realities.”

To this the attorney general requested Justice Ahmed to take a briefing in his chamber, to which the chief justice remarked: “What will you tell us there that we don’t already know”.

The top judge also questioned the qualification of special assistant Dr Mirza. “Zafar Mirza only comes on the television for projections. We are not coronologists. We just want to make sure the public is getting their basic rights,” he remarked.

Justice Ahmed remarked that the apex court wanted to analyse the federal government’s performance to counter the pandemic. “No work is being done by the government apart from holding meetings. The outdoor patients departments (OPDs) of all hospitals in Islamabad are closed.”

He said: “I had to get open a big hospital in the federal capital for the check-up of my wife. What kind of medical emergency has been imposed in the country. Every hospital and clinic should remain open. The Ministry of National Health Services wrote a letter to the Supreme Court to close its dispensary. Why should the dispensary be closed. Is the pandemic being countered this way.”

The attorney general argued that the federal government was taking best measures against the coronavirus outbreak. “The federation is doing nothing and the report that you have submitted is clarifying that,” Justice Ahmed replied.

Moving towards the petition filed pertaining to the release of under trial prisoners, the chief justice said the court could not release the under trial prisoners. “The government needs to find a way around this. Those who have the virus will infect others as well. The government needs to impose precautionary measures in prisons,” he said.

Justice Qazi Ahmed said the court was concerned about the lives of the people. “If an infected person is not in jail, will others be safe,” he remarked.Justice Bandial questioned that if an infected person was not in jail then how would the others not be infected. “We need to make SOPs to deal with these situations. A large number of people live in police and army barracks and SOPs are followed there,” he said.

The attorney general said homes should not be compared to jails, adding: “I have made my suggestions regarding the prisoners’ release”.

“What is the logic behind releasing prisoners doing time for serious crimes,” Justice Bandial remarked. “We are aware the high court does not have the right to take suo motu action.”The chief justice then asked the attorney general if he was sure the government would listen to his recommendations. “Can the responsible courts not grant bail.”

Justice Ahmed asked advocate general Khyber Pakhtunkhwa (KP) about the report submitted by Human Rights Minister Shireen Mazari stating that the Peshawar High Court ordered the release of 3,200 prisoners.

The advocate general KP replied that perhaps the human rights minister was mistaken as no such order has been issued by the high court. The court also ordered for providing better facilities at Taftan border to screen passengers and keep the patients in isolation. Proper quarantine centres and isolation wards should be set up at Taftan, Torkham and Chaman borders. “A quarantine centre should be set up within the next two weeks. Each person should have a separate room, bathroom and good food,” Justice Ahmed said.The court then adjourned the hearing of under-trial prisoners’ case till next week.