The Supreme Court of Pakistan has referred the Anti-smuggling Act of 1977 to Parliament, recommending amendments to address several deficiencies in the law.
The court’s decision, encapsulated in a seven-page verdict by Justice Shahid Waheed, identifies significant gaps within the current legislation.
In its ruling, the apex court noted that the existing anti-smuggling law grants only the accused the right to appeal, benefiting those charged while denying the same right to the government. This one-sided allowance, the court observed, undermines the law’s effectiveness.
Details from a 1998 case were cited, wherein the Anti-Narcotics Force (ANF) reported that Ubaid Khan amassed property through smuggling. The verdict highlighted that under the current law, the ANF’s involvement concludes once they report to the judge, restricting further engagement in the legal proceedings. Post-reporting, the interaction primarily occurs between the judge and the accused, and the complainant’s role ends.
The court pointed out that after its initial complaint, the ANF, representing the state, does not qualify as an affected party and thus lacks the right to appeal. This was exemplified when the Peshawar High Court dismissed the ANF’s appeal in the same case, citing that it was not an affected party.
Reflecting on global standards, the verdict mentioned that anti-smuggling laws in other jurisdictions typically give the state or government the right to appeal. The Supreme Court suggested it would be prudent for Parliament to revisit the legislation to potentially extend the right to appeal to the state, ensuring a more balanced legal framework. The verdict copies have been dispatched to the Law and Justice Commission, the Secretary of Law, and the Attorney General of Pakistan for further action.
