SC says no need to keep markets closed on weekends
Chief Justice of Pakistan Gulzar Ahmed on Monday issued directions to reopen shopping malls across the country. During a hearing of a suo motu case regarding measures taken to deal with the coronavirus crisis being heard by a five-member bench comprising the CJP, Justice Umar Ata Bandial, Justice Mazhar Alam Khan Miankhel, Justice Sajjad Ali Shah and Justice Qazi Muhammad Amin Ahmed - Justice Ahmed questioned the "logic" behind keeping malls closed.
In its written order, issued hours after the hearing was adjourned, the court noted that the Punjab government and Islamabad administration had approached the National Health Services and Research Centre (NHSRC) for permission to reopen malls and will likely obtain one today. "If such can be done by the biggest province of Pakistan, i.e. Punjab, why the similar cannot be done by Sindh and apparently, we find no valid reason or justification for the same," the order read, directing Sindh government to approach the NHSRC for permission today.
It also observed that markets and shops were also opened in Khyber
Pakhtunkhwa, Balochistan and Gilgit-Balitistan, and the governments had agreed to ensure that standard operating procedures (SOPs) are followed.
"We expect that after such application is made, the NHSRC shall give their decision today and if their decision is that shopping malls are allowed to open, the respective provincial government shall allow the shopping malls to be open and shall not create any hindrance or obstruction in this regard but ensure that SOPs are followed," the court order said.
The order also addressed the opening of markets on Saturday and Sunday, saying that the move was a "violation of Articles 4, 18 and 25 of the Constitution" and was not "justifiable"."We do not find any justifiable rational or reasonable classification on the basis of which these two days are excluded from doing business, for that, all days of the week are the same. It is for the convenience of the human beings that the days have been given names, otherwise, there is no distinction between other days of the week from Saturday and Sunday."
The order "declared [the decision] to be illegal and accordingly set aside".Earlier, during the hearing today, the chief justice had remarked: "Coronavirus does not go anywhere on Saturday and Sunday. "What is the reason behind keeping markets closed on Saturday and Sunday?"
While responding to the queries by the bench, Sindh Advocate General Salman Talibuddin said that the province was implementing all decisions made by the National Coordination Committee (NCC), which is headed by Prime Minister Imran Khan. The bench said that it will be the governments' responsibility to ensure that SOPs are being followed.
The court also restricted Karachi Commissioner Iftikhar Shallwani, who had appeared before court, from sealing shops and markets. "Instead of sealing shops, make sure that SOPs are followed," the chief justice said and directed the commissioner to reopen the shops that had been sealed. He inquired which "small markets" had been opened in the metropolis. The Sindh advocate general said that all markets, except shopping malls, were open.
"Are Zainab Market and Raja Bazar small markets?" the chief justice asked. "About 70 per cent people go to malls for fun," Shallwani said. Earlier this month, the government had decided to ease restrictions across the country and had allowed businesses to operate with SOPs in place.