ISLAMABAD: An apex court bench, hearing a suo motu case about coronavirus, has said the provinces are bound to follow directives of federal government in view of Article 149 (1) & (4) of Constitution –an observation that once again shows the superior judiciary’s predilection for a powerful federation.
A five-judge larger bench of the Supreme Court made this observation on Tuesday after Sindh advocate general claimed that the PTI led federal government is violating the policy approved by the National Coordination Committee (NCC) on coronavirus.
The NCC chaired by the prime minister includes all provincial chief ministers. The committee was formed to adopt unanimous policy to fight the pandemic.
According to Article 149 (1), the executive authority of every province shall be so exercised as not to impede or prejudice the exercise of the authority of the federation, and the executive authority of the federation shall extend to the giving of such directions to a province as may appear to the federal government to be necessary for that purpose.
“The executive authority of the Federation shall also extend to the giving of directions to a Province as to the manner in which the executive authority thereof is to be exercised for the purpose of preventing any grave menace to the peace or tranquility or economic life of Pakistan or any part thereof,” it says.
According to some legal experts, the observation shows that the apex court wants a strong federation.
Interesting, Minister for Law Dr Farogh Naseem a few months back hinted at invoking the same constitutional provision in Karachi, a statement that had whipped a political storm particularly in Sindh province.
‘SC not responsible for violation of Covid-19 SOPs’
Earlier, Attorney General for Pakistan (AGP) Khalid Javed Khan told the Supreme Court that people are not taking the Covid-19 threat seriously after the apex court’s remarks.
The bench while lifting restriction on business activities on Monday asked the federal and provincial governments not to use all their resources in fighting the Covid-19, which, the bench observed, is not a pandemic in Pakistan.
Referring to these remarks, the AGP said the SC’s observations are making it difficult for the administration to take measures to curb the spread of the deadly pathogen. Sindh advocate general endorsed the opinion saying the lockdown is no more effective as shops have been allowed to open.
However, Chief Justice of Pakistan Gulzar Ahmed, who heads the bench, said it is not owing to the SC’s remarks but because of the police that the Standard Operating Procedures (SOPs) are being violated.
