ISLAMABAD: Federal Minister for Law and Justice Farogh Naseem has said that besides the customs department, district administrations, Federal Board of Revenue (FBR) and civil and military intelligence agencies have been assigned special roles in the proposed anti-smuggling ordinance, expected to be enforced in a couple of days.

Addressing a press conference on Sunday, Mr Naseem said his ministry had sent the draft of the Anti-Smuggling Ordinance to the Prime Minister Office for vetting and approval.

Highlighting salient features of the draft ordinance, he said the main objective of bringing the law was to stop smuggling of dollars and essential commodities like wheat, sugar and potatoes through the undeclared routes. He identified a couple of undeclared routes, saying that the items could be smuggled to Afghanistan through undeclared routes in Khyber Pakhtunkhwa, to Iran through Balochistan and to India through a long and porous border with India in Punjab. Similarly, the items can be smuggled out via Karachi.

The law minister said the smuggling was totally unacceptable at a time when the government was announcing subsidies on various items due to the spread of Covid-19 in the country.

Draft ordinance provides for summary trial of suspects

Warning that stern action would be taken against those involved in smuggling of essential items, the minister said that no one would be allowed to take advantage of the prevailing situation in the wake of the pandemic.

Mr Naseem explained that though the Customs would be the focal department to check

smuggling, the FBR would be authorised to delegate powers to any agency like Levies Force, Federal Investigation Agency, Inter-Services Intelligence, Intelligence Bureau, Military Intelligence and Coast Guards to seek their assistance. Besides this, the district administrations would also be bound under the law to share information pertaining to any act of smuggling or hoarding in their jurisdiction to the relevant institution.

The minister cautioned that stern action would be taken against the officers who would show negligence on the basis of a “dereliction report” to be prepared by the federal law secretary.

Mr Naseem revealed that the accused persons would face summary trial and for this purpose special judges would be appointed after consultations with the chief justice of Pakistan. These judges will have qualifications equal to district judges and additional district judges.

The law minister said that they had given teeth to the law against smuggling to make it more effective.

Replying to a question, he said that the government had already appointed customs judges for criminal courts. However, he revealed, the government was considering a plan to abolish income tax and sales tax tribunals as there were complaints against them and now appeals would directly be heard by high courts. Then he immediately clarified that not all tribunals were corrupt and there were some good people but there were complaints about bribery and there was a “serious thinking on performance of these tribunals”.

In response to another question, the minister clarified that the government was bringing these “emergent laws” in the wake of the Covid-19 situation as the parliament was not in session. He was of the view that they might not need extension of the ordinance after 120 days and after the end of the coronavirus crisis.

Mr Naseem said on the directives of Prime Minister Imran Khan, his ministry was introducing the laws keeping in view the current situation to safeguard the interest of a common man.

He said that Covid-19 was a global pandemic and it was need of the hour to work collectively to defeat this menace. He advised all provinces to work together with the federal government in the current situation.

The law ministry had been working round the clock during the last several days to prepare ordinances against hoarding and smuggling, he said.

The minister said that changes could be introduced in the ordinance in extraordinary situations, if necessary.

Mr Naseem said the government had already promulgated an ordinance against hoarding and profiteering which suggested severe punishment to those found hoarding essential items like sugar, wheat, flour, ghee, medicines, sanitisers, face masks and gloves.

According to the law, hoarding has been made a criminal offence and the culprits will have to face three years in jail, summary trials, heavy fines of up to 50 per cent of the value of seized goods and confiscation of the goods.

Published in Dawn, April 20th, 2020