Pakistan Supreme Court Judge Calls for Stricter Safeguards in Drug Cases Amid False Implication Concerns

A Supreme Court judge in Pakistan has voiced strong concerns regarding the frequent practice of falsely implicating innocent individuals, including opposition politicians and those with personal enmity towards law enforcement or influential figures, in narcotics cases. Justice Malik Shahzad Ahmad Khan, in a dissenting note, emphasized the critical need to eliminate or significantly reduce such miscarriages of justice.

Justice Shahzad's remarks came in response to a set of petitions concerning the admissibility of forensic expert reports under the Control of Narcotic Substances Act, 1997. A five-judge bench had previously ruled, by a four-to-one majority, that the requirement to detail "full protocols" in forensic reports was not mandatory. The majority held that simply naming the internationally recognized tests applied constituted sufficient compliance.

However, Justice Shahzad strongly disagreed, recalling numerous previous Supreme Court judgments that stressed the strict interpretation of laws carrying stringent punishments. He argued that all procedural requirements and expert report guidelines must be followed meticulously to ensure justice. He asserted that government analysts' reports must include complete test protocols, and failure to do so should invalidate the evidence. Citing Articles 4 and 10-A of the Constitution, Justice Shahzad underscored every citizen's right to due process and a fair trial, stating that no action detrimental to a person's life, liberty, or reputation should occur outside the bounds of the law.

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No action detrimental to the life, liberty, body, reputation or property of any person should be taken except in accordance with law.