Islamabad:
The Supreme Court has raised serious concerns about the systemic failure of the application of the law in the boarding of narcotics trade beyond its most vulnerable participants, observing that the prosecutions are directed overwhelmingly only to the “carriers” of drugs, mainly from the disadvantaged background, while the main perpetrators remain intact.
The observations occurred in a 17 -page written trial created by Judge Athar Minallah, in which the court acquitted two people who had previously been sentenced to life imprisonment in a narcotics case.
The ruling was issued by a three -members bank headed by the Minallah Justice, and comprising Judge Irfan Saadat Khan and Judge Malik Shahzad Ahmad Khan.
“There are several agencies for the application of the law acquired with powers to apprehend and prosecute those who are involved in crimes related to narcotic drugs, including a special agency, the anti -narcotics force established under the 1997 law,” says the verdict.
The trial calls into question the effectiveness of these institutions, particularly when seen against the scale and omnipresence of the threat of drugs.
“The people of Pakistan have to withstand the financial burden to maintain these agencies of application of the law trusts the onerous task of eradicating the threat of the narcotic drugs of the company. Have you achieved your designated objective? The answer is an” not ’emphatic, “he says.
The court also regretted the growing propagation of narcotics throughout the country, stating: “The evil of narcotic drugs has spread throughout the country and it cannot be discussed that it has reached educational institutions where they are freely accessible.”
The Bank pointed out that even in the few cases in which arrests are made, the prosecutions often do not result in convictions, which raises more doubts about the integrity and professionalism of the research processes.
“The agencies of application of the law have not gone beyond arresting carriers and, in many cases, not demonstrating the fault even to their extent. If society has to be released from the evil of narcotic drugs, each agency of application of the law must function effectively and in the most professional way.”
“They have to be responsible for their omissions and failures committed during investigations or while processing a case. Future generations cannot be exposed to the threat of narcotic drugs simply because the various agencies of application of the law trust the onerous duty to release society from this evil from this evil performing effectively or are seen as complicated.
“The dollar stops with federal and provincial governments, as the case may be, because they are ultimately responsible for the general and general supervision of the law enforcement agencies. The responsibility does not end with the State Executive Branch because the judicial branch is also equally responsible to ensure that the trial is carried out fairly and that a fair decision is reached.
“This case also shows that the Court of First Instance had failed to exercise its powers acquired under the law.
“Therefore, we hope that the SNDH government that, according to section 5 (1) of the 2009 law, exercises the General Superintendence on the Prosecutor’s Office and is responsible for guaranteeing the achievement of the objectives of the 2009 law, take effective measures so that crimes related to crimes related to narcotic substances are effectively and in accordance with the obligations and responsibilities of investments and prosecutors.
“The Attorney General Sindh is expected to examine this case and take the appropriate measures so that the omissions observed in this case are not repeated. It is also advised that the attorney general considers the issuance of guidelines in the exercise of their functions under section 9-A (1) of the 2009 act for prosecutors and officers responsible for investigations related to effective and efficient prosecution.
The Superior Court is also expected to establish a regular training policy of judicial officers related to the realization of criminal trials. The order also said that this case has emanating from the province of Sindh, where the Provincial Assembly of Sindh has promulgated and promulgated the Law of the Criminal Procedure Service of Sindh (functions and powers of the Constitution) of 2009.
“The Criminal Procedure Service of Sindh has been established under this legislation. The 2009 law establishes the powers, functions and responsibilities of the Prosecutor’s Office in the realization of prosecutions on behalf of the Government.
“The administration of this service is granted in the Government. Section 9 (1) explicitly establishes that prosecutors will be responsible for the realization of prosecutions on behalf of the Government. The Attorney General is empowered by virtue of section 9-A (1) to issue general guidelines for prosecutors or officials responsible for the investigation of the effective and efficient accusation.
