ISLAMABAD:
The Supreme Court has raised serious concerns over the systemic failure of law enforcement in tackling the narcotics trade beyond its most vulnerable participants, observing that prosecutions overwhelmingly target only drug “carriers” – mostly from underprivileged backgrounds – while major perpetrators remain untouched.
The observations came in a 17-page written judgment authored by Justice Athar Minallah, in which the court acquitted two individuals who had earlier been sentenced to life imprisonment in a narcotics case.
The ruling was issued by a three-member bench headed by Justice Minallah, and comprising Justice Irfan Saadat Khan and Justice Malik Shahzad Ahmad Khan.
“There are several law-enforcement agencies vested with powers to apprehend and prosecute those who are involved in the crimes relating to narcotic drugs, including a special agency, the Anti-Narcotics Force established under the Act of 1997,” the verdict notes.
The judgment calls into question the effectiveness of these institutions, particularly when viewed against the scale and pervasiveness of the drug menace.
“The people of Pakistan have to bear the financial burden for maintaining these law enforcement agencies entrusted with the onerous task to eradicate the menace of narcotic drugs from the society. Have they achieved their designated goal? The answer is an emphatic ‘No’,” it reads.
The court further lamented the growing spread of narcotics across the country, stating: “The evil of narcotic drugs has spread throughout the country and it cannot be disputed that it has reached the educational institutions where they are freely accessible.”
The bench pointed out that even in the few cases where arrests are made, prosecutions often do not result in convictions, raising further doubts about the integrity and professionalism of investigative processes.
“The law enforcement agencies have not gone beyond arresting carriers and then, in many cases, failing to prove the guilt even to their extent. If the society has to be freed from the evil of narcotic drugs then each law enforcement agency has to perform effectively and in the most professional manner.”
“They have to be held accountable for their omissions and lapses committed during the investigations or while prosecuting a case. The future generations cannot be exposed to the menace of narcotic drugs merely because the several law enforcement agencies entrusted with the onerous duty to free the society from this evil fail to perform effectively or are seen as complicit.
“The buck stops with the Federal and Provincial Governments, as the case may be, because they are ultimately responsible for the overall and general supervision of the law enforcement agencies. The responsibility does not end with the Executive branch of the State because the Judicial branch is also equally responsible in ensuring that the trial is conducted fairly and that a just decision is reached.
“This case also shows that the trial court had failed in exercising its powers vested under the law.
“We, therefore, expect that the Government of Sindh which, according to section 5 (1) of the Act of 2009, exercises general superintendence over the Prosecution Service and is responsible for ensuring achievement of the objectives of the Act of 2009, will take effective steps so that cases involving crimes relating to narcotic substances are dealt with effectively and in accordance with the duties and responsibilities of the investigators and Prosecutors.
“The Prosecutor General Sindh is expected to examine this case and take appropriate action so that the omissions observed in this case are not repeated. The prosecutor General is further advised to consider issuing guidelines in exercise of its functions under section 9-A (1) of the Act of 2009 for the Prosecutors and officers responsible for investigations relating to effective and efficient prosecution.
The High Court is also expected to consider laying down a policy of regular training of judicial officers relating to conducting of criminal trials. The order also said that this case has emanated from the province of Sindh where the Provincial Assembly of Sindh has promulgated and enacted the Sindh Criminal Prosecution Service (Constitution Functions and Powers) Act 2009.
“The Criminal Prosecution Service of Sindh has been established under this legislation. The Act of 2009 sets out the powers, functions and responsibilities of the prosecution service in conducting prosecutions on behalf of the Government.
“The administration of this service vests in the Government. Section 9 (1) explicitly provides that the Prosecutors shall be responsible for the conducting of prosecutions on behalf of the Government. The Prosecutor General is empowered under section 9-A (1) to issue general guidelines for the Prosecutors or officers responsible for investigation for effective and efficient prosecution.
