In a significant ruling, the Lahore High Court (LHC) has dismissed over 100 petitions challenging the crackdown on vape and e-cigarette vendors, directing authorities not to proceed against dealers until appropriate legislation is framed, reported 24NewsHD TV channel.
The petitions, which were filed by vape dealers and shop owners from across the province, were heard by Justice Anwar Hussain.
Another concern highlighted by the petitioners' lawyer was that despite the desealing of shops, storeowners were still facing police harassment.
The Assistant Advocate General, during the proceedings on Thursday, informed the court that neither had any formal crackdown on vape businesses been launched by the administration, nor were enforcement of actions under way.
He further added that draft legislation to regulate the trade was being considered, along with plans to include input from relevant stakeholders.
The court was informed by a law officer that the federal cabinet had reviewed the health risks of vaping and also discussed the significance of regulating the industry.
Justice Anwar Hussain, however, questioned how authorities could carry out enforcement without a legal framework in place.
Justice Anwar Hussain, while criticizing the police raids, remarked “The cabinet had discussed and the IG proposed FATA-style raids. How is this justified without a legal basis? the judge asked.
He further observed that the Constitution guarantees the right to trade and do business, and therefore, enforcement must wait until a proper regulatory framework is in place.
While asserting that they had paid all applicable customs duties and were operating their businesses lawfully, the vape dealers listed the Chief Secretary, Home Secretary, and CCPO as respondents.
The court agreed, ruling that no action could be taken against the petitioners’ businesses until appropriate legislation is enacted.