RAWALPINDI: The Rawalpindi Bench of Lahore High Court has taken up a petition filed by the High Court Bar Association Rawalpindi, challenging recent amendments to the Drugs Act 1976, which restricted the role of lawyers in the drug tribunals.

The bar contested the Punjab government’s notification dated May 29, 2025, which introduced the Drugs (Amendment) Act, 2025. The bar association, represented by its president and secretary general, argued that the amendments unjustly restrict the role of lawyers in drug tribunals and may adversely affect the professional rights of its members.

During the hearing, Agha Mohammad Ali advocate appearing for the petitioner emphasised that the association comprises nearly 5,000 active lawyers, some of whom are directly impacted by the changes. He cited the appointment of Advocate Mohammad Faisal Butt as chairman of the drug court, Rawalpindi, in July 2024, and expressed concerns that the new amendments could undermine such roles.

The petitioner’s counsel invoked constitutional protections under Article 18, which guarantees the right to pursue any lawful profession. He referenced several key judgements to argue that any restrictions on professional practice must be reasonable and in the public interest.

The court, presided over by Justice Jawad Hassan, raised questions about the maintainability of the petition and its retrospective application. Despite objections from the law officer regarding parliamentary prerogative, the court issued notices to the respondents, directing them to submit a report and para-wise comments within four weeks.

The court also ordered separate notice to the attorney general of Pakistan to address the legal questions raised. The court directed a senior officer from the Punjab Law and Parliamentary Affairs Department to appear and clarify: whether the amendments are prospective or retrospective; whether due consideration was given to Supreme Court precedents before enacting the amendments; and the validity and tenure of the notification appointing the chairman of the drug court.

The case was adjourned for further hearing after the receipt of response from the government functionaries.

Published in Dawn, September 5th, 2025

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