- Two-member SC bench substantially reduce sentence awarded under provincial law
- Invokes Article 143 to settle key constitutional question and uphold Federal Supremacy
ISLAMABAD: The Supreme Court of Pakistan has conclusively settled a key constitutional question in a narcotics case, ruling that awarding a harsher sentence under a provincial law, when a relevant federal statute applies, violates Article 143 of the Constitution, which establishes the supremacy of federal law in the event of inconsistency.
According to the court’s detailed written judgment, a two-member bench comprising Justice Muhammad Hashim Khan Kakar and Justice Ali Baqar Najafi announced the verdict after hearing a criminal petition filed by Sajid Khan.
The Peshawar High Court had earlier upheld Sajid Khan’s conviction and sentence under the provincial narcotics law.
The Supreme Court observed that the FIR against Sajid Khan had been registered under the Control of Narcotic Substances Act, 1997, a federal law. However, both the trial court and the appellate court awarded punishment under the Khyber Pakhtunkhwa Control of Narcotic Substances Act, 2019, which prescribes a more stringent penalty than the federal statute.
The court held that under Article 143 of the Constitution, federal law prevails over provincial law in the case of any inconsistency. Consequently, the sentence awarded under the provincial law was declared constitutionally invalid.
Setting aside the punishment imposed under the provincial statute, the Supreme Court substantially reduced the sentence.
Sajid Khan was convicted under the federal law and sentenced to five years’ rigorous imprisonment along with a fine of Rs100,000. In case of default in payment of the fine, he will undergo an additional two months of simple imprisonment.
The court further directed that a copy of the judgment be sent to the Chairman of the Law and Justice Commission of Pakistan, the Attorney General for Pakistan, and the Ministry of Law and Justice for information and necessary action.
