SC recommends amendments to Anti-Smuggling Act 1977

Islamabad: The Supreme Court Saturday recommended the amendment of the Anti-Smuggling Act, 1977 and sent it to Parliament for review.

The Supreme Court in its judgment said that the Anti-Smuggling Act is full of defects, the right of appeal is given only to the accused in this Act. The lack of right of appeal to the government means that the Anti-Smuggling Act is benefiting the accused.

The Supreme Court has sent a copy of the judgment to the Law and Justice Commission, Law Secretary and the Attorney General.

The seven-page judgment of the Supreme Court, written by Justice Shahid Waheed, said that the Anti-Narcotics Force (ANF) filed a complaint in 1998 that a person named Ubaid Khan made property through smuggling. The ANF's role in the Act was only informer to the special judge. After the position of the accused, the matter remains between the judge and the accused. Under the act, the role of the complainant ceases after informing the judge.

The judgment further stated that if the ANF's role ends after the complaint, it will not be aggrieved by the decision. The Anti-Smuggling Act does not provide any right of appeal to the ANF or the state, the right of appeal in the Act is limited to the victim. The Peshawar High Court (PHC) rejected the appeal of ANF on the ground that it was not the affected party.

The Supreme Court decision said that states and governments around the world have been given the right to appeal in anti-trafficking laws. It would be appropriate for Parliament to review the law so that the state can be given the right to appeal.