F.P. Report
ISLAMABAD: The Supreme Court on Monday adjourned the suo moto case for two weeks directing the federal and provincial governments to resubmit reports regarding steps taken to control the spread of coronavirus.
A five-member larger SC bench headed by Chief Justice of Pakistan (CJP) Gulzar Ahmed and comprising Justic Umar Ata Bandial, Justice Justice Mazhar Alam Khan Miankhel, Justice Sajjad Ali Shah and Justice Qazi Muhammad Amin Ahmed expressed dissatisfaction over the reports submitted by the governments.
During the course of proceedings, Attorney General for Pakistan (AGP) Khalid Jawed Khan said the Ministry of Health and the National Disaster Management Authority (NDMA) had submitted separate reports.
The CJP observed that the Zakat Department did not provide any information as it had only stated law in its report.
The AGP said the Federal Government paid the Zakat fund to the provinces, which was not disbursed among the deserving and major portion was spent on administrative expenses.
The CJP remarked that the major chunk of Pakistan Bait-ul-Mal (PBM) funds was also being spent on administrative matters. Transparency was a major issue. It was stated in reports that aid was given but its details were not provided.
Justice Bandial said according to the report, the Federal Government collected more than Rs 9 billion Zakat, but it was not known how it was disbursed. The Federal Government should audit the disbursement of Zakat Fund as it would not affect the provincial sovereignty, he added.
The chief justice observed that the Zakat Fund could not be used to run office affairs, for air travel or on payment of TA&DA (Travelling Allowance and Daily Allowance) to the employees. It should only be spent on the deserving.
Justice Bandial said Rs 9.251 billion was collected but it was unknown where the money was spent by the provinces.
The CJP remarked that the report was silent about where the Zakat money was spent. It should not be spent on staff salaries. How the officers were getting salaries from the money collected at the shrines, he asked.
He observed that the PBM director general was also receiving salary from the Zakat Fund.
The court sought an opinion from the Council of Islamic Ideology (CII) and Mufti Taqi Usmani regarding the payment of salaries of PBM staff from the Zakat Fund and its use for office expenditures.
He directed the Pakistan Bait-ul-Mal to submit a report on the distribution of Zakat funds.
The chief justice observed that it was also important to review the laws made by the provinces.
He said the people were being charged for stay at the quarantine centers. Questioning the hotels’ selection for quarantine centers, he asked as to why all the hotels were not allowed to establish quarantine centers.
The CJP said those who could not pay to hotels should be transferred to the free quarantine centers.
He said the conditions at the Haji Camp Quarantine Center were pathetic. Those being lodged there were complaining about lack of facilities, he added.
Secretary Health Tanvir Qureshi apprised the court that all facilities were provided at the Haji Camp Quarantine Center. When asked by the court, he replied that he had not personally visited the centre.
The chief justice asked the Secretary Health to visit the three free quarantine centers today to review the arrangements.
The Secretary Health said five hotels in Islamabad were made quarantined centers. The Haji Camp and Pak China Center had free quarantine facilities. The attorney general said a hotel could not be forcibly converted into a quarantine center.
The CJP observed said that a man, who had come from Saudi Arabia, spread the coronavirus in Mardan.
He asked the secretary health how many quarantine centers had been set up in Islamabad.
To a court’s query, the Secretary Health replied that there were 16 quarantine centres in the Islam-abad Capital Territory, including five hotels, Haji Camp, the OGDCL building and the Pak China Center. The passengers landing from abroad were kept in the above quarantine centers for 24 hours.
The chief justice asked who bore the expenses of the quarantine centers.
The Secretary health responded that the government bear expenses for these quarantine centers.
The chief justice observed that the people avoided screening by eating tablblets of panadol, etc. A man belonging to in Mar-dan had eaten two tablets of panadol and escaped screening at the airport.
The Secretary Health said due to such reasons the overseas passengers were being quarantined for 24 hours.
The chief justice asked as to why the people were protesting at the Haji Camp Quarantine Center. Living in Tuftan’s quarantine centre was a nightmare, he observed and directed the Health Secretary to ensure provision of food and all basic facilities at the centers.
Justice Qazi Amin asked whether it was possible to treat the coronavirus with plasma infusion.
The Secretary Health said the plasma infusion was at the testing stage and no positive results of it had been reported so far.
The Advocate General Islamabad said that a quarantine center was being built on 32 kanals at Chak Shahzad
To a chief justice’s query, he said fiber was being us-ed for the ceilings of quarantine centres while electric fans and other appliances would be provided.
It was the responsibility of the NDMA to build the quarantine centers, he added.
The Advocate General Punjab told the court that the provincial government was distributing relief money through EasyPaisa among the people whose income had been affected due to the lockdown.
The CJP pointed out that the details in that regard were not mentioned in the report.
The court grilled Advocate General Sindh Salman Talibuddin over the details of funds spent on ration, bags which were distributed among the low income people.
The AG Sindh informed the court that the provincial government had distributed Rs 569 million from the Zakat Fund among over 94,000 people.
When asked who had received the money, the AG responded: “The same people, who receive Zakat every year, were given the money.”
The court wondered as to how the Sindh government had distributed ration bags valuing Rs1 billion without knowing the receivers. The Sindh government officials got published pictures of doing even the smallest things in the media.
The AG replied that the pictures were not taken to avoid doing politics over the coronavirus. The Sindh government had been distributing ration bags since March 30. To a question, the AG Sindh said the data of houses of lower-income people, who qualified to receive Zakat, was provided by the union committees.
Justice Sajjad Ali Shah observed,”It pains us that fingers are pointed at our province.”
Explaining the rationale behind sealing of 11 UCs in Karachi, the Sindh AG said by April 12, 234 corona cases had been detected from those areas, which collectively housed more than 600,000 people.
The court welcomed the decision to reopen some industries but told the government to ensure that standard operating procedures were followed.
The Balochistan government also presented a report on quarantine centres for the people coming from Iran and relief provided to the people.
The bench paid tribute to the medical professionals and sanitary staff and instructed the provincial governments to ensure their well-being.
The hearing was adjourned for two weeks.
The Health Ministry submitted the report and stated that the allegations of smuggling two million masks from the country were baseless. Only 35 million masks were exported to five Chinese companies at the request of the Chinese government and that matter was being investigated by the Federal Investigation Agency.
The report stated that there was no shortage of face masks in the country.
It stated that the National Institute of Health (NIH) Islamabad was conducting free tests for the coronavirus patients and other suspects.
The report revealed that ventilators were allowed to be manufactured locally on the recommendation of the Drug Regulatory Authority of Pakistan (DRAP). Some 100 license holders were allowed to make 300 sanitizers according to WHO standard, it added.
The report stated that the country would be able to conduct 20,000 cases in a day by the end of April. In the last 24 hours 6416 tests were conducted, it added.
It said more than 100 raids were conducted across the country to keep the prices of personal protection equipment (PPE) stable. A special package was being prepared for the doctors and paramedics who sacrificed their lives during the special duty on coronavirus.
The court order stated: “We have heard the Attorney General for Pakistan, so also the Advocates General of the four Provinces, ICT, and Gilgit Baltistan. Reports have been submitted by the Ministry of the National Health Services, Regulation and Coordination, National Disaster Management Authority, Poverty Alleviation and Social Safety Division (PA&SSD), as well as the governments of Punjab, Sindh, Balochistan, KP (Khyber Pakhtunkhwa), ICT (Islamabad Capital Territory), GB and the Cantonment Boards. We have gone through these reports and have noted that after the passing of the last order by this court, certain necessary steps have been taken by the respective governments to ensure that the people of Pakistan are dealt with in accordance with the Constitution, in that, their lives are secured in terms of Article 9 of the Constitution and furthermore, all necessary infrastructure and medical facilities are made available to them in order to deal with the Coronavirus (COVID-19) pandemic.
“All the respective governments have reported that they have made available PPEs (personal protection equipment) to doctors and paramedic staff, their hospitals are now equipped for dealing with all situations arising from this pandemic, and doctors, nurses, paramedics and janitorial staff, are all attending to their duties and performing their functions. We are informed that all staff, working in the hospitals and also in the field, is doing a tremendous job and that such may be acknowledged. We, thus, acknowledge their efforts and express great appreciation for them. The respective governments are required to ensure that these doctors, nurses, paramedics as well as janitorial staff are properly taken care of and their salaries and other benefits are paid on time and if there is a possibility of giving them special compensation, the same may be done.”
“We note that a quarantine centre has been established in the Haji Camp, Islamabad and some complaints about inhuman conditions prevailing therein have been reported in the newspapers so also in the Islamabad High Court. We have asked the Secretary Health, present in court, to inform us about such quarantine centre. He states that he has not visited the said centre but will now visit the same and will furnish a detailed report in this regard.”
The said,”We have examined the reports regarding the Zakat Fund and are not at all satisfied by the response from the provincial governments regarding its distribution. The same appears to be the case with regards to funds of the Bait-ul-Mal. As such, we require more detailed information about their distribution and specific reports are required from each of the provincial governments, ICT and GB, showing transparency in the distribution of Zakat and Bait-ul-Mal funds. We also want to know as to what criteria has been adopted by the provincial governments, ICT and GB, for making payments to the beneficiaries of Zakat and Bait-ul-Mal funds, and what is the breakdown of the amount vis-à-vis the payment of money to needy people and the expenses incurred on the administrative side of these two departments. An opinion from the Ulema, as to how Zakat and Bait-ul-Mal funds can be utilized, is required to be obtained and hence, opinions of the Chairman, Council of Islamic Ideology, so also of Mufti Muhammad Taqi Usmani, an Islamic scholar and a former judge of Shariat Appellate Bench of this court, be obtained in this regard; particularly, on the question as to whether Zakat and Bait-ul-Mal funds can at all be utilized for payment of salaries to the employees and officers of these two departments so also to incur administrative expenses of these departments. We expect that the learned Ulema will give their opinions before the next date.”
The order further read, “The Government of Sindh has informed us that it has allowed certain industrial units to operate in Karachi. The Advocate General, Sindh has stated that an SOP (standard operating procedure) has been drawn up for operation of these industries, keeping in view the coronavirus (COVID-19) pandemic. Furthermore, the Sindh Government is going to ensure that the said SOP is strictly adhered to and that the industrial units are asked to give necessary certificates to the Sindh Government. We have pointed out to the learned Advocate General, Sindh that the Factories Act, 1934 provides for proper facilities to be given to factory workers, and that if compliance of such Act is made, there will be a revolutionary change in the factories, and besides the steps taken by the Sindh Government, factories shall become safer places for their workers. We may observe that factories ought to ensure proper residential accommodation, clean toilets, drinking water, proper canteens, where food made by the employers is given to the workers at a nominal price, and proper medical facilities are provided.
“Recreation facilities be also made available to the workers. The Government of Sindh should ensure that all labour laws are followed by the factories in letter and spirit, and the relevant departments, dealing with the factories, are required to submit a detailed report in this regard.
“We may, however, note that the above observations, though have been made in respect of factories operating in Karachi; in fact, the same apply throughout Pakistan, across the board, without any distinction and that the laws of the state in this regard have to be strictly observed.”
The court order added, “The Government of G.B. has also submitted a report in which it has stated that the condition in this area is satisfactory, in that not many coronavirus (COVID-19) cases have been discovered and the figure of total cases is not rising.”
The order said, “Senator A. Rehman Malik has filed a report showing the efforts made by the Senate of Pakistan to deal with the pandemic. The same has been taken on record. The President of PMA (Pakistan Medical Association) has also been heard and the report filed by the PMA has been taken on record.
“We have also heard the President of the Islamabad High Court Bar Association as well as the President of the District Bar. Their grievance is that lawyers are not being provided testing facilities and other medical assistance by the ICT. The learned Advocate General, ICT has been put on notice and he has made a statement that all practical steps shall be taken to redress the grievance of the lawyers for provision of necessary medical facilities.
“The Cantonment Boards have also submitted reports highlighting the status/condition of their hospitals and other dispensaries, so also facilities for treatment of coronavirus (COVID-19).
“We note that while this pandemic has not reached its peak, cases are continuing in the country and are increasing day by day. However, we do hope that in this moment of crises, functionaries of all the governments shall cooperate with each other, make a consolidated effort, and take decisions by consensus for the mutual benefit of the nation and its citizens. There should be no lapse in this regard. Further reports be filed by the respective governments and the departments, noted above. Such reports shall be made available to this Court before the next date of hearing,” the order concluded.
Further hearing of the case will be held after two weeks.
