ISLAMABAD: The Islamabad High Court (IHC) on Thursday rejected a petition seeking a ban on public gatherings and ruled that it was the domain of the executive and legislature to take such a decision.

IHC Chief Justice Athar Minallah observed that the elected representatives, including opposition lawmakers, were competent enough to take steps to implement strategies to cope with Covid-19.

Hazrat Younas filed the petition against the alleged failure of executive authorities to implement decisions of the National Coordination Committee (NCC).

The petitioner’s counsel argued that large public gatherings were being held in violation of the IHC judgment dated Nov 18, 2020, in which the chief justice had dismissed a petition filed by owners of marriage halls against the ban on indoor activities.

It is not disputed that during the past few weeks there has been a noticeable surge in the spread of Covid-19. The spread and impact of the virus is definitely unprecedented. It is public knowledge that the disastrous consequences of the virus threaten human lives.

The public health emergency and the ensuing economic crisis has exposed the poor and marginalised segments of society the most to unimaginable harm. The pandemic has become a reality and no one is immune from its devastating harm, Justice Minallah noted.

Decision falls in domain of executive and legislature, says IHC chief justice

Every citizen, he added, the civil society, political leadership and institutions have to play their roles to meet the challenges that stem from the threatening consequences of the virus. The Majlis-i-Shura (parliament) has a crucial role in leading the nation in times of crisis.

The representatives of the people are expected to display extraordinary leadership qualities in difficult and uncertain times, the court order said, adding their role was crucial to protect the nation from harm.

The treasury and opposition benches are expected to unite the nation when it is faced with a crisis having devastating consequences. It is an onerous duty of the elected executive of the state to ensure that parliament is functional and plays its effective role in uniting the nation so as to deal with emergencies and challenges such as the likely fatal consequences of Covid-19.

Justice Minallah noted that it was an obligation of the executive authorities to implement its decisions aimed at protecting lives. The citizens are also expected to demonstrably show through their conduct that they are fulfilling their duties as responsible citizens in response to the pandemic.

It was noted that judgments rendered by judicial forums become meaningless and ineffective in times of a crisis when it appears that the executive authorities lack the capacity to implement them in letter and spirit. Judgments, unless respected by the citizens, state institutions and political leadership remain unenforced and thus rule of law is undermined and consequently it profoundly impacts the confidence of the people in the judiciary, the chief justice stated.

He advised the petitioner “to have confidence in Majlis-i-Shura and executive authorities and may, therefore, bring his grievances to their attention.”

It is for Majlis-i-Shura and the executive authorities to play an effective role and take ownership of uniting the nation and collectively dealing with the challenges relating to Covid-19.

The court also rejected the request of the petitioner to issue direction to Pakistan Electronic Media Regulatory Authority (Pemra) for restraining television channels from showing the public gatherings, saying it can neither be considered nor granted by a constitutional court because of its likely implications in the context of the guaranteed fundamental rights under Articles 19 and 19-A of the Constitution.

Published in Dawn, December 4th, 2020