The Peshawar High Court (PHC) has declared unconstitutional the amendments to the federal law that prohibited remission, or sentence reduction, in narcotics cases. The court directed the government to restore all previous privileges and benefits to prisoners convicted under the Control of Narcotic Substances Act (CNSA) 1997, as per the old legal system.
Bench Issues Detailed Verdict
A two-member bench comprising Justice Sahibzada Asadullah and Justice Inamullah Khan issued a detailed 44-page verdict. The court ruled that Section 9A(1), introduced through the Control of Narcotic Substances (Amendment) Act 2022, contravenes Articles 4, 8, 9, 14, 25, and 10-A of the Constitution and does not withstand constitutional scrutiny.
The bench held that any remission, reduction in sentence, or rehabilitative benefits already granted to prisoners convicted under CNSA 1997 cannot be withdrawn, as these constitute vested rights under the law. Jail authorities have been directed to immediately review the cases of all such prisoners who were deprived of sentence reductions or other benefits solely on the basis of the controversial amendments.
Restoration of Benefits
If a prisoner's jail record and conduct are satisfactory, they must be extended all benefits available under the previous law. Justice Sahibzada Asadullah authored the detailed judgment. The bench further directed provincial and federal jail authorities to re-examine all pending and rejected applications for remission by CNSA convicts.
A compliance report must be submitted to the Registrar of the Peshawar High Court within 45 days. The writ petitions were filed by prisoners including Muhammad Arshad, Iqbal Shah, and others from various jails.
Legal Representation
The petitioners were represented by advocates Fawad Afzal Safi, Farkhana Marwat, Amjad Noor, and Amjad Ali Afridi. Senior Advocate Shamail Ahmad Butt assisted the court as amicus curiae.
