ISLAMABAD: The Islamabad High Court (IHC) on Wednesday turned down the request to undo ban on indoor ceremonies in marriage halls, ruling that the court could not interfere in government policy devised to prevent the spread of Covid-19.

IHC Chief Justice Athar Minallah disposed of the petition filed by the Islamabad Marquees, Catering and Banquet Halls Association against the impugned notification dated Nov 6, 2020, issued by the National Command and Operation Centre (NCOC) to the extent of the first part, namely “Ban on Indoor Marriages”, with effect from Nov 20 and in force till further notice.

The NCOC had submitted a written report along with a copy of the minutes of the 19th meeting of the National Coordination Committee on Covid-19 held on Nov 6, highlighting details of the steps taken to counter the pandemic.

The court noted that every citizen ought to realise that he or she, as the case may be, could be the next victim if the virus was not contained, adding that the human and economic cost of the pandemic was unimaginable.

Says every citizen should realise that he or she could be the next victim of coronavirus

Though it does not show mercy towards any particular class, the worst affected are the weaker and marginalised segments of the society i.e. daily wage workers and those employed in informal sectors of the economy, the order said.

Justice Minallah observed that the second wave was spreading rapidly, which is reported to be more severe and deadlier than the previous one, adding that Chief Justice of Peshawar High Court Justice Waqar Ahmed Seth was among those who had fallen victim to the virus.

The nation has already suffered irreparably and the life of every unaffected individual matters. The measures and decisions taken by the committee and its implementation are related to the right to life of every citizen and guaranteed under Article 9 of the Constitution, the court order said, adding that it was a challenge not only for the government but every citizen to contain the second wave.

“It is not a choice but a duty of the citizens to contribute towards this national goal. The freedom of an individual and rights are subservient to the interests and rights of the public at large,” it further said.

Justice Minallah highlighted that “Article 5 of the Constitution declares obedience of the Constitution and the law as an inviolable obligation of every citizen. In the present crisis, it is the duty of every citizen to demonstrably show his or her commitment to the national effort in containing the menace of the spread of the second deadly wave of the pandemic.”

The IHC chief justice went on to state that the decisions of the committee were based on expert advice, which must be respected and followed to avert a catastrophic crisis.

Even otherwise, it is a settled law that courts exercise restraint in matters of government policies except when it can be shown that fundamental rights have been violated.

Policy making is within the exclusive domain of the executive and interference in such a domain is not the function of this court.

The order stated: “This court is not inclined to interfere with the decisions of the committee because it could expose the public at large to irreparable harm.”

Subsequently, the petition was disposed of accordingly.

Published in Dawn, November 19th, 2020