The common goal of all the state institutions, public or private, is to protect the life of its citizens. Being Chief of provincial judiciary I feel my role is very crucial, if seen in the perspective of public interest, therefore, my predominant approach towards the issue of today’s campaign is more legal than scientific.

The fundamental right of  security of person as guaranteed by the Constitution of the Islamic Republic of Pakistan is not confined to providing security against the physical onslaughts but it encompasses the provision of all that which is necessary for leading a healthy life. The Constitution while guaranteeing the fundamental rights apparently focuses on individuals but the ultimate scheme is to make this individual lead purposeful and meaningful life so as to be a valuable contributor towards collective life of all the citizens of the country and for that matter the globe and in more wider sense of universe. The different societies may have different approaches towards different aspect of life in terms of identifications and priorities but there can be no two opinions about the aspect of healthy life which rank at the top of the priorities index.

The Constitution of Islamic Republic of Pakistan enjoins upon the state under Article 35 of the Chapter of Principles of Policy to protect the marriage, family, the mother and the child. While interpreting Article 29 (2) of the Constitution as to the conditional responsibility of the state on the available resources, a Bench of this court presided over by myself held that the state cannot shrug its responsibility under the garb of scarcity of resources.

The government and all its functionaries responsible for the immunization of children through Anti-Polio Vaccine and the parents are asked to perform their duties in a fair, honest and dedicated manner. In future, if any polio case is reported the Court will take notice of it and after holding judicial inquiry through a Senior Judicial Officer.

In the end, I would make earnest appeal to the religious scholars (Ulema-e-Karaam) to perform their religious duty by impressing upon the peoples in the mosque and religious “Madrasas” whenever they attend to vaccinate the children through Anti-Polio Vaccine because under the great religion of “Islam” the concept of welfare State can only be achieved through healthy nation.       

Justice Dost Muhammad Khan
Tel: 92-91-9210126  Facsimile 92-91-9210178
Email: cj@peshawarhighcourt.gov.pk