Current laws not sufficient to curb sale of Gutka and Mainpuri, SHC told

The Sindh High Court (SHC) has directed the Sindh advocate general, law secretary and others to file comments with regard to promulgation of the law which banned the sale and manufacturing of Gutka and Mainpuri in the province.

The direction came on a petition against sale and manufacture of Gutka and Mainpuri in Thatta district. The Thatta SSP filed a compliance report before the SHC in which it was submitted that a campaign had been launched against Gutka and Mainpuri sellers and manufacturers and legal action had been initiated against them.

The officer submitted that 18 factories had been sealed within 45 days and 505 persons arrested for selling and manufacturing gutka and mainpuri. However, he also informed the SHC that the law was not sufficient to curb the menace of Gutka and Mainpuri which were ruining the lives of the minors and other citizens as consumption of such injurious items was causing an abnormal increase in cancer.

An SHC’s single bench comprising Justice Salahuddin Panhwar observed that the SSP’s efforts were highly appreciable. The court further observed that there could be no denial of the fact that criminal administration of justice always demanded a balance between gravity of offence and its punishment because the fear of punishment was undeniably one of the factors to deter the people from committing crime.

The court observed that the manufacture and sale of Gutka and Mainpuri was indeed a serious issue and since no proper legislation had been made in this regard, the perpetrators were feeling free to continue playing with the lives of people, especially young persons, as they thought that even if they were caught, they would be freed either after paying a small amount as fine or facing confinement for few days.

The SHC observed that if there was no balance between the offence and punishment, it might result in failing the basic concept of punishment. The court observed that the police officer had admitted in the report that current laws against Gutka and Mainpuri were not adequate and while the law secretary had been directed to promulgate an effective law in this regard, no such law was enacted.

The SHC observed that the known hazardous effects of Gutka and Mainpuri along with the admission of a high ranking official of a law enforcement agency regarding the inadequacy of existing laws prima facie justified a lawful binding direction of the court on the issue.

The bench issued notices to the law secretary, Sindh inspector general of police (IGP) and others to file comments on the promulgation of strict laws against the sale and manufacture of Gutka and Mainpuri in pursuance of the direction of the court.

The SHC also directed the IGP, local government secretary and deputy commissioners of each district of the province to submit reports on action taken on the court’s earlier orders against the manufacture and sale of Gutka and Mainpuri.