Thread on the Supreme Court's judgment on reopening shopping malls during a global pandemic.

First of all, this is a policy decision for the executive to make after consulting health experts. The Supreme Court is neither the executive nor staffed with health experts.

Supreme Court has no business telling the government how to handle a health crisis, especially given the Supreme Court is an unelected body of judges who will never be impacted by Covid-19 the same way as an ordinary citizen of Pakistan.

But let's humour the CJP and look at his reasoning in the order passed today.

The CJP asked how Sindh could prevent malls from opening when they were open in Punjab. The answer is that we live in a Federation where there is provincial autonomy.

Sindh doesn't need to follow Punjab, and vice versa. The answer to his question is right there in the Constitution.

CJP then mandates the Sindh government to submit an application to NHSRC which is to decide the application the same day.

This is how the CJP wants decisions of national importance to be taken: instantaneously without any need to be cautious. After all, it is only an unprecedented health crisis we are facing. Also, the SC which is accountable to no one, asks the Sindh Govt to put its people at risk.

The CJP then talks about the closure of shops on Sat and Sunday. He finds "no reasonable classification" for why these two days have been singled out. He apparently feels Saturday and Sunday are being discriminated against.

"It is for convenience of human beings that the days have been given names, otherwise there is no distinction between other days of the week." Therefore Article 25 is violated.

That is not a joke, that is his reasoning for finding a constitutional violation.

Again, for the sake of humouring the CJP, would he also find a violation of the Constitution for declared public holidays? They are also, after all, named as such "for convenience of human beings" and no different from other days.

Closing down business for two days avoids community spread and forces people to social distance in a country where they refuse to follow SOPs. That is the "reasonable classification" the CJP was unable to comprehend.

The CJP then gives a spiel on how closing business will make entrepreneurs lose faith in the system. Marx would have had a field day if he read this statement.

CJP believes economic loss is more harmful than the loss of life.

There is no analysis of the health impact of Covid-19, on the capacity of hospitals, on how many have died, on data from the WHO. Nothing. Just a sweeping statement on entrepreneurs and business.

CJP says if shops remain closed there will be a "human disaster and calamity."

Now of course not all entrepreneurs are rich, and yes there are small businesses that will be affected, but there is no analysis on how this interest should prevail over the interest in keeping Covid-19 contained. There is no application of mind at all.

CJP finds no reason why "so much money is being spent" on Covid-19 because Pakistan is not seriously affected by it.

Pakistan has 42,227 confirmed cases, with 900 people dead. It is in the top 20 countries most affected by Covid-19.

We don't even know the scale of the problem in Pakistan because of a lack of testing and research. The actual number of cases is probably double the reported figure. The most susceptible are the elderly. Did the SC take their risk into consideration in its order? Nope.

The order then compares Covid-19 to the pollen allergy. This is about as ridiculous as the people who claim Covid-19 is like the flu. It shows exactly why judges shouldn't give opinions on public health.

SC doesn't understand that the problem with Covid-19 is how contagious it is! That's why when it compares it to kidney failure it makes no sense. You can't get kidney failure from going to mall unless you inject Coca-Cola directly into your bloodstream.

The problem is that when cases will rise in Pakistan, everyone will blame politicians, the military, civil servants, RAW, Mossad, etc. But will forget the judiciary.

If the judiciary wants to take responsibility for Covid-19, then it should be ready to deal with the accountability for its decisions. Except when it comes to that, they hide behind the contempt of court power.

We have created a judiciary that is above the law.