The Lahore High Court of Pakistan dismissed more than 100 petitions by vape distributors, ruling that no enforcement action could be taken until formal legislation was in place. Emphasizing the constitutional guarantee of the right to do business, the court challenged the police raids in the absence of a legal basis.
Core Watch:
- RULING POINT: Pakistan’s Lahore High Court (LHC) found no current legal basis to regulate vapes. Police raids are said to be unconstitutional. Distributors have paid customs duties and are operating legally.
- GOVERNMENT UPDATE: The Cabinet is considering the health risks of vapes. Draft legislation to incorporate industry input.
- Subsequent impact: The vape industry was granted a temporary business license. Enforcement is suspended until the regulatory framework is established.
Pakistani court criticizes police raids on vape businesses
According to a July 3 report by 24NewsHD TV, the Lahore High Court (LHC) of Pakistan issued an important ruling dismissing more than 100 petitions against crackdowns on vaping sellers and explicitly requesting that the relevant authorities refrain from further enforcement action against the distributors in question until formal legislation is in place.
The petitions were filed by vape distributors and store owners across the province and were heard by Justice Anwar Hussain.
Another issue highlighted by the petitioners’ lawyers was the fact that despite the lifting of lockdowns at the stores, the owners continue to face harassment by the police.
The Assistant Attorney General informed the court during the proceedings that the government has not launched any formal crackdown on vape businesses, nor has it taken any enforcement action.
He also added that draft legislation to regulate the trade was being considered and there were plans to incorporate inputs from stakeholders.
A legal official told the court that the Union Cabinet had reviewed the health risks of vapes and discussed the importance of regulating the industry.
However, Justice Anwar Hussain questioned how authorities could enforce the law without a legal framework.
Criticizing the police raids, Justice Anwar Hussain said:
- “The cabinet has discussed and the Inspector General has proposed to conduct raids similar to those in the Federally Administered Tribal Areas (FATA). How can this be justified when there is no legal basis for it?”
He further pointed out that the Constitution guarantees the right to trade and do business and therefore, enforcement must wait until a proper regulatory framework is in place.
E-cigarette dealers, who claim that they have paid all applicable customs duties and are operating legally, have named the Chief Minister, Home Minister and CCPO as defendants.
