PHC restores remission rights for prisoners

In a landmark judgment, the Peshawar High Court (PHC) has declared the amendments to the federal law prohibiting remission (sentence reduction) in narcotics cases as unconstitutional.

The court directed the government to provide all previous privileges and benefits to prisoners convicted under the Control of Narcotic Substances Act (CNSA) 1997 as per the old legal system.

A two-member bench comprising Justice Sahibzada Asadullah and Justice Inamullah Khan issued a detailed 44-page verdict, ruling 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 court 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reduction in sentence, or rehabilitative benefits already granted to prisoners convicted under CNSA 1997 cannot be withdrawn, as these constitute vested rights under the law. The bench directed jail authorities 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. If their 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 and submit a compliance report 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. The petitioners were represented by advocates Fawad Afzal Safi, Farkhana Marwat, Amjad Noor, and Amjad Ali Afridi, while Senior Advocate Shamail Ahmad Butt assisted the court as amicus curiae.