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May 18. 2020. |
S.M.C. 01/ 2020 |
Supreme Court of Pakistan |
Right to conduct a business |
The Supreme Court of Pakistan held that a complete economic lockdown would cause severe harm for the whole society, therefore, it would mean a disproportionate state interference during the public health emergency. |
The Supreme Court of Pakistan heard a suo motu case for the protection of public interest for its own initiative. The opposition urged for additional economic restrictions to impose a stricter form of lockdown to combat the Covid-19 pandemic. By contrast, hhe Government argued that such a far-reaching interference would have significant detrimental effects especially for the vulnerable people under the poverty line around Pakistan, which means around 25 million people. The Supreme Court rejected the claim and held, that a complete economic lockdown would mean a disproportionate state interference, instead of this, public health restrictions such as distance keeping and mask wearing should be strictly enforced, however, economic restrictions should be avoided. |
https://www.supremecourt.gov.pk/downloads_judgements/s.m.c._01_2020_18052020.pdf |
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https://www.voanews.com/south-central-asia/pakistans-top-court-ends-coronavirus-lockdown |
May 18. 2020. |
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Supreme Court of Pakistan |
Freedom to conduct a business |
The Supreme Court of Pakistan ordered the reopening of larger shopping mals in Pakistan, and also extended the opening hours of smaller markets. |
The Supreme Court of Pakistan decided to allow for larger shopping mals to be reopened after the lockdown period to secure the proper food supply of the population. Moreover, the Supreme Court also ordered that instead of four days/week opening period ordered earlier by the Government, smaller markets could also operate on six days/week. |
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https://www.aa.com.tr/en/asia-pacific/pakistan-court-orders-reopening-of-malls-across-country/1844762 |
April 13. 2020. |
S.M.C. 01/ 2020 |
Supreme Court of Pakistan |
Separation of powers |
The Supreme Court of Pakistan called for a meeting between the prime minister of Pakistan and the chief minister of each province to establish a coherent nationwide Covid-19 policy. |
The Supreme Court of Pakistan heard a suo motu case for the protection of public interest for its own initiative. The Supreme Court considered that due to the federal structure, the Covid-19 pandemic is highly fragmented in Pakistan which diminish the effectiveness of the public health measures rendered by the national and province governments. As a consequence, the Supreme Court called for negotiations between the prime minister of Pakistan and the leaders of the provincial governments to establish a coherent nation-wide public health policy for the prevention of additional short-comings. |
https://www.supremecourt.gov.pk/downloads_judgements/s.m.c._01_2020.pdf |
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https://law.unimelb.edu.au/centres/alc/engagement/asian-legal-conversations/jurisdiction-economy/pakistan/judicialising-the-pandemic-in-pakistan |