IHC dismisses plea against Tiger Force formation

Published April 14, 2020
Observes there is a need for having trust in the state to deal with issues caused by Covid-19. — AFP/File
Observes there is a need for having trust in the state to deal with issues caused by Covid-19. — AFP/File

ISLAMABAD: The Islamabad High Court (IHC) on Monday dismissed a petition filed against the establishment of Tiger Force, observing that such testing times necessitate having trust in measures being taken by federal and provincial governments to combat the Covid-19 pandemic.

The petition was filed by the Union Council (UC) Rawat, a suburb of twin cities of Rawalpindi and Islamabad, against the prime minister’s initiative of setting up the force comprising volunteers for rescue and relief activities.

In his remarks, IHC Chief Justice Athar Minallah observed: “It is noted that the government is taking measures to deal with the crisis that has arisen due to the outbreak of coronavirus. The federal and provincial governments are dealing with the prevailing emergency situation and have taken appropriate measures. The petitioner union council has not placed anything on record to doubt that enough is not being done.”

The chief justice further said: “The court has constantly observed that in such situations there is need for national unity and to have trust in the state to deal with the emergency situation.

Observes there is a need for having trust in the state to deal with issues caused by Covid-19

“This court, therefore, restrain itself from entertaining the instant petition lest it may prejudice efforts made by the executive authorities.”

Last month, the prime minister announced formation of the Tiger Force for relief and rescue work in the fight against coronavirus pandemic. So far, 920456 volunteers have been registered in the force. They include 606368 volunteers in Punjab, 140536 in Sindh, 130689 in Khyber Pakhtunkhwa, 13328 in Balochistan, 13485 in Islamabad, 10864 in Azad Jammu and Kashmir and 5508 in Gilgit-Baltistan.

The UC Rawat had filed the petition under Article 199 of the constitution invoking the jurisdiction of the high court to set aside the prime minister’s directives.

The petitioner, referring to various provisions of the Islamabad Capital Territory Local Government Act, 2015, argued that instead of the Tiger Force, the rescue and relief activities should be performed by the elected representatives at the grassroots level.

According to the petitioner, the government was under obligation to discharge certain mandatory functions in accordance with the local government laws.

Justice Minallah asked the petitioner whether they had approached the federal government before invoking the jurisdiction of the high court; the reply was in the negative.

The court noted that the challenges posed by the coronavirus pandemic were not confined to Pakistan as the crisis was a global issue. The court refrained itself from entertaining the petition observing that it might prejudice the efforts made by the executive authorities.

“However, the petitioner union council, if so advised, may approach the forum concerned and highlight the matters stated in the petition. It is for the executive authorities to consider such grievances and take decisions as they may deem appropriate to deal with the emergency situation,” the court observed and disposed of the petition.

Published in Dawn, April 14th, 2020

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