Constitutional bench seeks mechanism to stop drug sales in colleges, varsities

ISLAMABAD: The Constitutional Bench on Monday sought written replies from the Anti-Narcotics Force (ANF) and four provincial governments regarding the mechanism for eradicating the sale of drugs in educational institutions.

A five-member constitutional bench headed by Justice Aminuddin Khan heard multiple cases and issued orders. Other members of the bench included Justice Jamal Khan Mandokhel, Justice Muhammad Ali Mazhar, Justice Hasan Azhar Rizvi and Justice Musarat Hilali. The bench also sought a report from the Federal Investigation Agency (FIA) regarding the investigation related to the harassment of journalists and issuing notices to them.

During the hearing related to the sale of drugs in educational institutions, Justice Muhammad Ali Mazhar asked what concrete measures have been taken so far to curb the sale of drugs. The judge noted that a report submitted before the court regarding Balochistan stated that there is zero usage of heroin. Justice Musarat Hilali observed that drugs are being sold in colleges adding that they have affected the KP province most but wondered as to why the KP government is silent on the issue. Justice Jamal Khan Mandokhel observed that the real issue pertains to KP and Balochistan provinces. Later, the court adjourned the case for date-in-office (indefinite period) after seeking reports from ANF and four provincial governments.

While hearing the case related to harassment of journalists at the hands of state institutions, Barrister Salahuddin Ahmed, counsel for the Press Association of the Supreme Court (PAS) told the court that still several issues were involved in the case adding that around 60 journalists were issued notices by the FIA. Justice Muhammad Ali Mazhar observed that a case related to the PICA Act was also in the high court and asked the counsel about its status. The counsel replied that the high court had abolished this section of the PICA Act. The judge then asked if any appeal was pending against the high court’s decision. At this Additional Attorney General Amir Rahman told the court that the decision was not challenged in the Supreme Court adding that the notices issued to journalists had also ended. Justice Muhammad Ali Mazhar however told the additional attorney general this issue cannot be resolved by words alone. Justice Jamal Khan Mandokhail said that journalists have to form a code of conduct adding that YouTubers must make their Vlogs but talk politely. “It is inappropriate for journalists to get personal with anyone,” Justice Mandokhel remarked. The bench also expressed annoyance over the issuance of notices to journalists under Section 161 CrPC. Justice Muhammad Ali Mazhar asked how FIA could send notices under that section. Additional Attorney General Amir Rahman said the journalists were summoned for an inquiry. Justice Mohammad Ali Mazhar said that the notices under section 161 CrPC can only be issued after the case is registered, adding that these notices are against the law. Later, the bench asked for a detailed report from the FIA regarding the notices issued to journalists and the investigation and adjourned the case for further hearing in 10 days.

The bench also heard the case regarding the formation of ECL rules. Additional Attorney General Amir Rahman said that it is the prerogative of the federal government to make rules for the ECL. However, if someone’s name has been included in the ECL, it ends automatically after 180 days. He further submitted that the authority who recommended the name on the ECL can approach the relevant forum for further extension. Later the court also disposed of the case.

Similarly, the bench also disposed of a suo motu notice regarding the construction of Bhong Interchange in the context of the statements of the Punjab government and the NHA. The bench also disposed of the suo motu notice taken on powers misused by PTI MP and former minister Azam Swati after declaring that if someone is aggrieved he can approach the alternate forum against the MP.