The Sindh High Court (SHC) on 15-July-2025 directed provincial and federal law officers to file comments on a petition challenging the vires of the Sindh Control of Narcotics Substances (SCNS) law.
The petitioner, Yaqoot Khan, submitted in the petition that provincially enacted SCNS Act was an attempt to usurp legislative field that had already been occupied by the federally enacted CNS Act and the provincial law was in conflict with the federal law. A counsel for the petitioner submitted that the Sindh Assembly attempted to place an absolute bar on bail of persons involved in SCNS and usurp the powers of federation.
He said that Article 143 of the Constitution provides that where there was inconsistency between federal and provincial laws, particularly on the present subjects of the criminal laws, procedure and evidence, which the federation was competent to legislate on the federal law shall prevail and provincial law would become void on account of repugnancy.
He said that the provincial assembly had attempted to legislate on a federal subject to nullify the federal law which was barred under the Article 143 of the Constitution. He said the constitution did not empower the provincial assembly to repeal a federal law and as a result the federal law of CNS Act shall prevail over the provincial CNS law.
The counsel challenged several vires of the SCNS law and submitted that impugned legislation had placed absolute bar on the grant of bail, which was in conflict with the federal law and Constitution and further violates international laws.
He submitted that the removal of any possibility of bail was in violation of the Article 9 as it impaired the presumption of innocence attributed to the accused. The high court was requested to declare that the SCNS 2024 was ultra vires the Constitution and liable to be struck down.
A division bench of the SHC, headed by Justice Mohammad Faisal Kamal Alam after a preliminary hearing of the petition directed the federal and provincial law officers to file comments.
The bench observed that whether this petition would be heard by regular or constitutional bench, it would be considered on the next date of hearing.
Published in News Daily on 16 July 2025.