ISLAMABAD: The Supreme Court Friday issued notice to the Advocate on Record (AoR) to explain, why he filed incomplete better copy of the FIR in a murder case. The short order issued by the Court said; "Under Order IV Rule 17 of the Rules the AoR undertakes to abide by the Rules. Under Order IV Rule 2 an AoR can be adjudged guilty of professional misconduct or otherwise be considered unfit to be enrolled or allowed to remain as an advocate."
A two-judge bench comprising Justice Syed Mansoor Ali Shah and Justice Aminud Din Khan heard the petition of Muhammad Rashid, who sought post-arrest bail in case FIR No 262/2020 dated 10.08.2020 registered at Police Station Shahkot, District Sahiwal for offences under Sections 324, 337-F(ii), 337-A(i), 337-L(2), 337-A(ii), 148, and 149 PPC.
The specific role of the petitioner, as mentioned in the impugned order dated 11.02.2021 is that he made a fire shot that hit the right thigh of one, Muhammad Nasir.
Upon perusal of the better copy of FIR No 262/2020 dated 10-08-2020 appended with the petition, the court noted there is no mention of the petitioner or of his making the fire shot thereby, injuring Muhammad Nasir.
The apex court further noted that the better copy of the FIR placed in the judicial file, which carries the same omission, has been duly attested by the AoR namely, Shaukat Ali Mehr, while the copy placed in the paper books before us does not carry the said attestation.
"We are deeply disturbed by this. Such grave omission can totally misdirect the course of justice and result in injustice," said the order.
It observed that the AoR under the Supreme Court Rules, 1980 is to act and plead for a party in the Supreme Court. Under Order VII Rule 1 of the Rules copies of documents, if not forming part of the record of the Court appealed from, filed for the use of this Court, shall be certified to be true copies by the AoR for parties presenting the same. The order said that the better copy of the FIR attested by the AoR carries serious omissions mentioned above.
The bench, therefore, issued notice to AoR Shaukat Ali Mehr to furnish his explanation for filing the incomplete better copy of the FIR in question.
The bench also ordered the SC Office to ensure for better dispensation of criminal justice system that only better copy duly attested by the AoR must be placed before it on the next date in order to avoid any confusion, adding the actual copy of the FIR must accompany the better copy.
Justice Mansoor said similarly, in the case of the Medico-legal Certificate (MLC), if a better copy of the MLC is placed on the record, it must be duly attested by the AoR as per the Rules and the actual copy of the MLC must accompany the better copy.
The petitioner lawyer undertook to place complete better copy of the FIR, as well as the medical evidence in this case before the Court by the next date of hearing. The case is adjourned until 27th July.
Copyright Business Recorder, 2021
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