–Five-member bench points to ‘lack of transparency’ in Ehsaas Cash initiative, poor coordination between Centre, provinces
–CJP Gulzar says govt matters cannot be run by ‘ego’, orders Centre, provinces to devise joint policy on coronavirus
–Directs govts to present arguments over provinces’ interference in federal affairs in next hearing
ISLAMABAD: The Supreme Court (SC) on Monday assailed the federal and Sindh governments over the ‘lack of transparency’ in relief measures taken in the aftermath of the coronavirus crisis, as it directed the Centre and all provincial governments to devise a joint policy to tackle the situation and submit a report on it within a week.
Chief Justice of Pakistan (CJP) Gulzar Ahmad, who was heading the five-member bench that resumed hearing in the suo motu case pertaining to governmental efforts to combat the pandemic, noted that financial assistance being doled out through the Ehsaas Cash initiative “lacked transparency”.
The bench, which in the previous hearing ordered the government to provide protective gear to doctors, questioned the criterion being followed in the provision of face masks and other safety equipment.
“How can billions be spent merely on the purchase of face masks and gloves?,” the top judge questioned, saying: “If there is an audit, things will become clear.”
The chief justice further remarked that relief steps appeared to be taken “only on the paper” as the government’s efforts to tackle the pandemic “remain unknown”. “Nothing is being told [to the court] as to how departments are working,” he said.
Briefing the court, Federal Health Secretary Dr Tanveer Qureshi said that the virus has “certain types”, observing that the outbreak in Pakistan is not as serious as several European countries, including Italy and the US. The comparison did not sit well with the chief justice who ordered the secretary not to “compare Pakistan with those states”.
“It is not possible that authorities keep on sleeping, hoping the disaster will soon be over itself,” he said.
The chief justice then questioned the establishment of a quarantine centre near Haji Camp in Islamabad. To which Dr Qureshi apprised the court that the decision was taken by the National Disaster Management Authority (NDMA).
Attorney General for Pakistan (AGP) Khalid Jawed Khan informed the court that authority has already submitted a report outlining the measures it undertook since the outbreak. However, upon inquiring, he informed Justice Gulzar that no official is present to represent the authority.
Commenting on the political climate of the country, the attorney general said: “It would be better if the court let politicians handle political matters. Parliament is the best forum to debate over federal government’s authority.”
The chief justice said that the court will “not get involved in any political matter”.
“Is it not our constitutional responsibility to inquire about the deaths of citizens?” Justice Qazi Mohammad Ameen asked.
During the hearing, Justice Sajjad Shah said that despite court orders in this regard, not a single province has presented its anti-Covid-19 policy before the bench.
“You [officials] have different standards, whichever department you fear, you make it operational again,” said Justice Shah, noting that markets had largely remained shut [except for government-specified business hours] but mosques were opened following the agreement between the government and the clerics.
“90 per cent of the markets are not following any social distancing regulations. The [distancing] measure should be applied across the board, not just the people,” he said.
Chief Justice Gulzar said that instead of making a clear policy in this regard, the Sindh government is reopening its industries. “It has given permission to 150 factories to resume operations,” he said, adding that the factories should have been opened systematically.
He lamented that there does not seem to be a unanimous policy so far. “The federal government’s policy is only limited to 25km,” he said.
“How can provincial governments block the federal government’s source of revenue?” asked the top judge while addressing Sindh Advocate General Salman Talibuddin.
Justice Umar Ata Bandial, who was part of the bench, said that the steps taken by the provincial government should “have the approval of the Centre”.
Talibuddin told the court that the Sindh government had imposed a lockdown under a law passed in 2014.
“The authority of the provincial government is only limited to what is dictated by the Constitution,” said the CJP.
“Federal government collects the tax [generated by] business activities. How can provinces restrict them?
“The reasons behind the lack of cooperation between the federal government and provinces are pride and ego,” Justice Bandial remarked, adding: “A week’s time is being granted to formulate a joint policy with regards to corona. If a joint policy is not devised, an interim order will be issued.”
He said that all governments “should sit together and talk”. “It seems like all executives have failed,” he commented.
“We recovered from floods and earthquakes. We will come out of this problem as well. But the issue is the conceited behaviour of the people sitting in the Centre.
“Government matters cannot be run by ego and stubbornness.”
The top then directed the federal and provincial governments to devise a joint policy to tackle the ongoing coronavirus crisis and submit a report on it within a week.
The bench further told the governments to present their arguments over the provinces’ interference in federal affairs in the next hearing. The court will issue a decision after hearing the arguments.
The CJP also took notice of recent reports of police brutality on doctors in the province. “KP is the only province where doctors have been made to bleed [at the hands of police],” he said.
“The health secretary is not a doctor, that is why the standard of health in the province is like this,” he said.
The Centre and Sindh government have been in disagreement over measures to curb the spread of Covid-19 that has infected more than 20,000 people across the country. Sindh has insisted on imposing a blanket lockdown to control the spread. The federal government, on the other hand, has insisted that the country cannot afford to shut down economic activities and has ordered the reopening of some industries, including construction.
