| Citation(s) |
|---|
| 2026 SLG 3665 = 2026 SLD 3665=2026 PHC 4427 |
Peshawar High Court
Writ Petition No. 8159-P/2025.
Presented By: SAHIBZADA ASADULLAH, JUDGE
Date of hearings: 14.05.2026 & 21.05.2026. Date of announcement. 18.06.2026. M/s. Fawad Afzal Khan Safi, Amjad Ali Afridi, Amjad Noor Khan, and Ms. Farhana Marwat, advocates, for the petitioner(s). M/s. Sana Ullah, Assistant Attorney General, Mr. Inam ullah Khan Yousafzai, Addl. Advocate General, Aamir Hayat & Atta Muhammad, Law Officers, Central Prison, Peshawar. Mr. Shumail Ahmad Butt, advocate,
Writ Petition No. 8159-P/2025.
Presented By: SAHIBZADA ASADULLAH, JUDGE
Date of hearings: 14.05.2026 & 21.05.2026. Date of announcement. 18.06.2026. M/s. Fawad Afzal Khan Safi, Amjad Ali Afridi, Amjad Noor Khan, and Ms. Farhana Marwat, advocates, for the petitioner(s). M/s. Sana Ullah, Assistant Attorney General, Mr. Inam ullah Khan Yousafzai, Addl. Advocate General, Aamir Hayat & Atta Muhammad, Law Officers, Central Prison, Peshawar. Mr. Shumail Ahmad Butt, advocate,
Muhammad Arshad Khanm
VS
The State through AG KP
Law: Control of Narcotic Substances Act, 1997
Section: 9,9(A)(1)
Law: Control of Narcotic Substances (Amendment) Act, 2022
Section: 1(2)
Core Facts The petitioners were prisoners convicted under Section 9 of the Control of Narcotic Substances Act, 1997 (CNSA). They had earned various remissions (sentence reductions) through good conduct, prison labor, educational achievements, and Presidential remissions. After the Control of Narcotic Substances (Amendment) Act, 2022, Section 9(A)(1) was inserted into the CNSA, barring prisoners convicted under the Act from receiving remissions. The petitioners challenged this amendment, arguing that it unlawfully deprived them of already earned remissions and violated their constitutional rights. Issues Before the Court Whether remissions already earned by prisoners constitute vested rights that cannot be withdrawn retrospectively. Whether Section 9(A)(1) of the CNSA, 1997 is constitutional. Findings of the Court The Court held that earned remissions are vested statutory rights, not merely executive concessions. Once a prisoner fulfills the prescribed conditions (good conduct, labor, education, etc.), the remission becomes an accrued legal right. Section 9(A)(1) cannot operate retrospectively because the amendment contains no express language giving it retrospective effect. Retrospective withdrawal of earned remissions amounts to increasing the punishment after the commission of the offence, contrary to constitutional protections. The blanket denial of remission to CNSA convicts creates arbitrary discrimination against one class of prisoners, violating the guarantee of equality before law. The Court emphasized that modern criminal justice is based upon rehabilitation and reformation, and an absolute denial of remission destroys incentives for prisoners to reform. Decision The Peshawar High Court declared Section 9(A)(1) of the Control of Narcotic Substances Act, 1997 unconstitutional (ultra vires the Constitution) to the extent that it deprives CNSA convicts of remission and reformative benefits. Directions Issued Already earned remissions cannot be withdrawn. Prisoners convicted under the CNSA who were denied remission solely because of Section 9(A)(1) must have their cases reconsidered under the previous legal regime. Provincial and Federal prison authorities…