SUPREME COURT OF PAKISTAN 
(Original Jurisdiction) 
 
 
PRESENT: 
 
 
 
Mr. Justice Gulzar Ahmed, CJ 
 
 
 
Mr. Justice Umar Ata Bandial 
 
 
 
Mr. Justice Mazhar Alam Khan Miankhel 
 
 
 
Mr. Justice Sajjad Ali Shah 
 
 
 
Mr. Justice Qazi Muhammad Amin Ahmed 
 
 
 
 
 
S.M.C. 01/ 2020 
(SUO MOTO ACTION REGARDING COMBATING THE PANDEMIC OF CORONA VIRUS 
(COVID -19) 
 
IN ATTENDANCE:  
 
For the Federation  
: Mr. Khalid Javed Khan, Attorney General 
for Pakistan  
Mr. Sohail Mehmood, DAG 
Dr. Tanveer Qureshi, Secretary M/o 
National Health 
Saeed Ullah Khan Niazi, J.S. (Admn) 
Asif Suhail, Director (Lit) 
G.M. Jakhrani, Dy. Director (Lit) 
(All from M/o National Health) 
Mirza Mahsood, J.S. M/o Interior  
 
 
 
For ICT 
: Mr. Niaz Ullah Khan Niazi, A.G., 
Islamabad  
Shafaq Hashmi, D.G.,  
(Chief Commissioner Office) 
Waseem Ahmed, Asstt. D.C., (I.C.T.A.) 
Amer Naveed, A.D., (Lit), (I.C.T.A.) 
 
 
 
For Govt. of Punjab 
: Mr. Shan Gul, A.G., Punjab 
Javed Yaqoob, Addl.AG, Punjab 
Cap (R) M. Usman, Secy. Primary & 
Secondary Health Deptt. Punjab 
M. 
Nabeel 
Ahmed 
Awan, 
Secy. 
Specialized, Health Care & Medical 
Education Deptt 
(Via Video link from Lahore Branch) 
Ch. Faisal Fareed, Addl.A.G. Punjab 
(In Islamabad 
Mr. Adnan Younas Butt, Sr. Law Officer, 
Punjab  
 
 
 
For Govt. of Sindh 
 
: Mr. Salman Talibudin, A.G, Sindh 
Zahid Abbasi, Secy. Health 
Muhammad Usman Chachar, Addl. 
Chief Secy-Home 
Dr. Saeed Ahmed Qureshi, 
(Focal Person to Chief Secy. Sindh)  
SMC.01/20 
 
 
 
2 
Syed Salman Shah, DG, PDMA 
(All via Video link from Karachi Branch) 
 
 
 
For Govt. of KP 
 
: Mr. Shumail Butt, A.G. KP 
(Via video link from Peshawar 
Syed Imtaiz Hussain Shah, Secy. 
Health, KP 
M. 
Abid 
Majeed, 
Secy. 
Relief 
Rehabilitation, KP 
Mian Shakeel Ahmed, Secy. Local 
Govt. KP 
Rooh-ul-Amin, Addl. Registrar, PHC 
Amir Sultan Tareen P&D, Deptt- 
EHSAAS, Programme 
(All via Video link from Peshawar Br) 
 
 
 
For Govt. of 
Balochistan 
: Mr. Arbab Muhammad Tahir, A.G, 
Balochistan  
Mr. 
Naimatullah 
Battazi, 
P.G. 
Baluchistan 
Cap (R) Fazeel Asghar, Chief Secy: 
Cap (R) Zafar Tahir Abbasi, Special 
Secretary Health  
Imran Zarkhoon, DG, PDMA 
(Via Video link from Quetta Branch) 
Mr. Ayaz Khan Swati, Addl.A.G.(In 
Islamabad) 
 
 
 
For Govt. of GB 
: Mr. Muhammad Iqbal, AG, G.B. 
 
 
 
In CMA.2355/2020: 
 
Mr. Aman Ullah Khan Kanrani, ASC 
 
 
 
 
 
 
Dr. Waqar Aftab, In person 
  
 
 
Mr. Farhat Nawaz Lodhi, ASC  
 
 
 
 
Dr. Fazal-e-Rabi, In person 
 
 
 
Professor 
Abdul 
Rashid 
Mian, 
President PMA 
 
 
 
 
 
Mr. Samuel Payara 
Chairman, Implementation of Minority 
Rights Forum 
 
 
 
 
 
Malik M. Shaukat Feroze, 
DIG (Prison), Rawalpindi Region, Rwp  
(on behalf of Govt. of the Punjab).  
 
 
 
Date of Hearing 
: 13.04.2020 
 
SMC.01/20 
 
 
 
3 
O R D E R 
 
 
We have heard the learned Attorney General for 
Pakistan, 
the 
Advocates 
General 
of 
Punjab, 
Sindh, 
KP, 
Balochistan, Islamabad so also the GB. Some individual lawyers 
have also been heard, while few of the people from public have also 
appeared and made their respective submissions.  
2. 
 
The learned Attorney General for Pakistan, on the 
observation of this Court in the Order dated 7.04.2020, regarding 
making of emergency legislation on Coronavirus (COVID-19) by the 
Federal Government, Provincial Governments, G.B. and ICT, has 
stated that as a matter of policy, the session of Parliament is not 
being called but the Government is considering such aspect of the 
matter. He, however, further stated that today a high level meeting 
is taking place between the Prime Minister and the Chief Ministers 
of all the Provinces including GB and Chief Commissioner, ICT, 
where issues relating to Coronavirus (COVID-19) will be thoroughly 
deliberated and measures will be taken, in that, a uniform policy 
applicable to all the territories of Pakistan is drawn and it is 
ensured that the same is applied across the board and in this 
regard no territory of Pakistan, where people of Pakistan are living, 
is treated differently.  
3. 
 
The Federal Government through the learned Attorney 
General has assured the Court that it is taking all steps to deal 
with this pandemic and is trying to reduce its effect on the people 
by taking various measures on the social welfare side and also on 
humanitarian grounds. Further medical supplies are being 
SMC.01/20 
 
 
 
4 
provided 
by 
the 
Federal 
Government 
to 
the 
Provincial 
Governments, including PPEs and ventilators to the hospitals and 
test-kits to the laboratories. Although it is stated that most of the 
items of PPE, test-kits and ventilators are imported but now there 
seems to be some consensus in Punjab and Sindh, where efforts 
are being made to manufacture the same locally in large quantity. 
The stage of making a test-kit, apparently, has not been reached 
but the learned Attorney General states that such will be achieved 
by the Government. The locally manufactured ventilators are being 
put to the test and hopefully, if they are found successful, they will 
be produced and distributed all over Pakistan. 
4. 
The learned Advocate General, Punjab has filed a report 
giving in detail the steps taken by the Government of the Punjab 
with regard to addressing the issue of Coronavirus (COVID-19) in 
Punjab. The report as it reads, shows that certain steps have been 
taken by the Government of the Punjab, which seems to be in a 
positive direction and we hope that they will continue to enhance 
their capacity in making available; PPEs, all sorts of other 
protection, so also the equipments required by the people fighting 
such pandemic.  
5. 
Mr. Amanullah Kanrani, learned ASC has brought to our 
attention that the Governmnet of Punjab has issued some 
executive order on the basis of which inter-provincial movement of 
the people has been stopped. We have asked the learned Advocate 
General, Punjab about the existence of such executive order and 
he admitted that such executive order has been passed. When 
SMC.01/20 
 
 
 
5 
confronted with Article 15 of the Constitution, the learned 
Advocate General, Punjab conceded that such an order cannot be 
passed by the executive authority; rather it has to be done by law 
to be made by legislature. The learned Advocate General, Punjab 
states that he is going to advise the Government accordingly. 
However, until such measure is taken by the legislature, the 
executive order of the Governmnet of Punjab, restricting inter-
provincial movement of the people, is struck down and set aside.  
6. 
The learned Advocate General, Sindh has also informed the 
Court about the steps, the Government of Sindh taken to mitigate 
the spread of Coronavirus (COVID-19) in the Province of Sindh. We 
have, however, noted with concern that yesterday, the Provincial 
Government has passed an executive order sealing 11 Union 
Councils (UCs) in Karachi. We have asked the learned Advocate 
General, Sindh to give justification for such sealing, he stated that 
Government of Sindh has found some cases in these 11 UCs 
suffering from Coronavirus (COVID-19) but nothing concrete has 
been placed before the Court to show that such is correct and well 
founded.  
7. 
 
Be that as it may, we have asked the learned Advocate 
General, Sindh as to what programme the Government of Sindh 
has prepared to implement the sealing of 11 UCs, in that, how the 
people will be reached for medical testing and screening and if any 
such case is found what further steps the Sindh Government will 
take to secure the affected person and what about his family and 
persons who have been exposed to him. Whether medical team and 
SMC.01/20 
 
 
 
6 
logistics in each of the 11 UCs have been deputed to undertake all 
exercises. How basic necessities, including, food, groceries and 
other utilities will be made available to the residents of these 11 
UCs. The learned Advocate General states that groceries shops in 
these 11 UCs have been allowed to remain open but no other 
programme has been drawn by the Government of Sindh for these 
11 UCs.  
8. 
 
We have pointed out to the learned Advocate General, 
Sindh that in case a person is unable to purchase groceries, how 
he is going to survive.  The learned Advocate General states that 
the Government of Sindh is going to look into this matter. It has 
also been brought to notice of this Court that free Rashan worth 
Rs. 8.0 billion has been distributed in Sindh by the Government of 
Sindh. We are not sure how far this is true but note that there is 
no documentation of purchase of Rashan and its distribution made 
available to this Court by the Government of Sindh.  
9. 
 
We have also asked the learned Advocate General to 
inform us about the persons, who have contracted this pandemic 
in the 11 UCs, the learned Advocate General states that no such 
information is available with him. This is a very sorry state of 
affairs prevailing in the Province of Sindh, where not only in 
Karachi but other cities of the Province of Sindh, people are 
protesting lack of subsistence to them. Let a comprehensive report 
in this regard be submitted by the Government of Sindh well before 
the next date of hearing.  
SMC.01/20 
 
 
 
7 
10. 
 
The Governments of KP and Balochistan, have 
submitted their reports, the same are taken on record. It seems 
that the effect of Coronavirus (COVID-19) is not so much alarming 
in these two Provinces, including, GB and things are being kept in 
control. Punjab, Sindh and ICT, however, are on different 
pedestals, where there is a considerable threat of surge of this 
pandemic. In these circumstances, let the Government of Punjab 
also give its report to this Court so also the ICT regarding matters 
relating to this pandemic and give to the Court all necessary 
information, which can show that citizens’ fundamental rights are 
fully safeguarded and the State functionaries are all what is 
necessary for the survival of the people  
11. 
 
The doctors and paramedics, who are working in the 
front line in dealing with this pandemic, are especially affected and 
are at risk of contracting this disease and it is hoped that the 
Federal Government so also the Provincial Governments, the ICT 
and GB shall ensure that all necessary needs of the doctors and 
paramedics, in such emergency situation, are fully fulfilled. We are 
informed that doctors and paramedics are performing duties 
beyond their call of duty and at many places, they are not even 
being provided with food. This, in our view, is a sensitive issue, 
which should immediately be addressed by all the Governments 
and grievances, in this regard of the doctors and paramedics are 
redressed.  
12. 
 
The condition of sanitary staff is also not good and it is 
informed that they are exposed to all sorts of diseases, while they 
SMC.01/20 
 
 
 
8 
are working in the hospitals and other places. No effective care is 
being provided to them and a request has been made that they be 
provided with the requisite protection, so that they may perform 
their work without any fear. In the circumstances, the Federal 
Government as well as all the Provincial Governments, including, 
the ICT and GB shall ensure that sanitary staff are taken care of 
and are provided with proper and secure uniforms, so that they 
can work without fear of being affected by disease.  
13. 
 
The Chairman, PMA has informed that 40,000 
applications for registration of doctors are pending because of the 
issue prevailing with PMDC. The issue is already pending in the 
Courts, including this Court and will be addressed soon in 
accordance with law.  
14. 
 
The 
Federal 
Government 
shall 
also 
file 
a 
comprehensive report, along with the outcome of the high level 
meeting which is taking place today.  
15. 
 
To come-up on Monday, i.e. 20.04.2020 at 11:30 a.m. 
 
CHIEF JUSTICE 
 
 
 
JUDGE 
 
 
JUDGE 
 
 
 
 
JUDGE 
 
 
 
JUDGE 
 
 
 
Bench-I 
ISLAMABAD 
13.04.2020 
Nasir Khan*/