In the wake of Covid-19 pandemic several laws have assumed importance for administration in Khyber Pakhtunkhwa for taking measures to stem spread of the virus. These laws include existing as well as some new ordinances, which have specifically been promulgated for tackling the situation emerging because of the coronavirus emergency.

The existing laws invoked for tackling Covid-19 include: National Disaster Management Authority Act, 2010; The KP Public Health (Surveillance and Response) Act, 2017; Code of Criminal Procedure, specially its section 144; Pakistan Penal Code and Maintenance of Public Order Ordinance.

Similarly, the provincial government has recently promulgated The KP Epidemic Control and Emergency Relief Ordinance, 2020, on May 12 and The KP Covid-19 (Prevention of Hoarding) Ordinance, 2020, on April 20.

Presently, the Supreme Court of Pakistan has also been hearing different aspects of Covid-19 pandemic specially related to putting restrictions on trade- and taxation-related activities by a provincial government.

During a hearing on May 4, a bench headed by Chief Justice Gulzar Ahmad had questioned the attorney general for Pakistan and advocates general of provinces as to the competency of the provinces to affect taxation activity of the federal government in terms of Federal Legislative List provided in the Constitution. The bench had questioned whether such activities could at all be stopped by the province.

Prior to that hearing the Punjab government had already promulgated on March 27, The Punjab Infectious Diseases (Prevention and Control) Ordinance 2020, and has now to defend the same before the apex court. Through the said ordinance the Punjab government has assigned wide-ranging powers to administrative officers and also introduced penalties for violating provisions of the law by individuals.

The ordinance promulgated by the KP government on May 12 is almost identical to that of Punjab’s but it has some additional clauses related to concession in fee by educational institutions, relief to tenants, relief in water charges to certain categories of households, etc.

The most important law is that of National Disaster Management Act (NDMA), 2010. This law deals with both natural and manmade disasters. Prior to its enactment then government had promulgated the National Disaster Management Ordinance in 2006 after the earthquake of 2005. That ordinance was re-promulgated several times as its constitutional life at that time was four months. It was finally tabled before parliament and the NDMA was enacted.

That law defines a disaster as “a catastrophe, or a calamity in an affected area, arising from natural or manmade causes, or by accident which results in a substantial loss of life or human suffering or damage to, and destruction of, property.”

The law provides for setting up of a National Disaster Management Authority on central level and that of provincial authorities in each of the provinces.

The KP Assembly had passed the National Disaster Management (Khyber Pakhtunkhwa) (Amendment) Act, 2019, on Aug 28, 2019. Through the said amendment the government had inserted a new section 16 (A) in the NDMA related to declaration of emergency.

Section 16 (A) (1) states: “Whenever the Province or any part thereof is affected or threatened by disaster which, in the opinion of Government, warrants action under this Act, the Secretary to government Relief, Rehabilitation and Settlement Department, may by notification, declare the whole or any part of the province, as the case may be, as an affected area.”

Furthermore, under section 16(A)(2) of the Act, the secretary relief shall communicate instructions and recommend measures to the concerned district nazim, deputy commissioner and district disaster management officer, for dealing with the emergency situation in their respective districts and they shall make available all the required facilities, including manpower, machinery, transport, funds, etc.

In Oct 2017, the KP Public Health (Surveillance and Response) Act, 2017, was introduced through which The West Pakistan Epidemic Disease Act, 1958, was repealed to the extent of KP.

This law provides for establishing KP Public Health Committee under the chairmanship of provincial health minister with the director public health as its secretary.

Section 6 of this Act empowers the chairperson to declare state of health emergency in the province or in any specific part thereof on the basis of information received from various parts of the province, through provincial disease surveillance centre or through other sources.

Under this Act, the KP health department had on Feb 3 declared state of health emergency following which the secretary relief, rehabilitation and settlement declared an emergency throughout the province for a period of 30 days effective from Feb 3 under section 16(A)(1) of NDMA. Subsequently, another notification was issued by secretary relief on March 5 whereby emergency was extended with effect from March 3 to Jun 1, 2020.

Scores of notifications have so far been issued by secretary relief related to different aspects of Covid-19 pandemic. Initially, through a notification on March 18, restrictions were placed on essential and non-essential shops and businesses. It was directed that grocery, medicines and essential items shops shall remain open round the clock whereas all other shops shall remain open only from 10am to 7pm. Similarly, barbershops and beauty parlors were closed for 15 days.

Through another notification on March 21, all markets, shopping malls and restaurants were ordered to remain closed till March 24.

Through the Khyber Pakhtunkhwa Epidemic Control and Emergency Relief Ordinance 2020, seven categories of designated officers have been empowered to perform different functions under the law.

The apex court is expected to clarify what sorts of powers could be exercised by the federal and provincial governments in their respective spheres as it is scheduled to hear Covid-19 pandemic case on Monday (today).

Published in Dawn, May 19th, 2020