Single allegation: Multiple FIRs against Arshad Sharif, other journalists not valid: IHC

ISLAMABAD: The Islamabad High Court (IHC) declared that multiple FIRs against Arshad Sharif and other journalists over a single allegation are not valid.

A single bench of Justice Mohsin Akhtar Kayani, on Monday, issued the verdict in different petitions filed by late journalist Arshad Sharif, Imran Riaz, and Sami Ibrahim.

Justice Kayani ruled that only one FIR could be considered valid for the purposes of investigation and even in such type of cases where some of the State institutions are behind the registration of FIR, protection should have been given to accused person to approach the court of competent jurisdiction and be given bail as a matter of right to explain those circumstances, therefore, “the very registration of multiple FIRs is not maintainable in the eye of law.”

He added, “At this stage this Court is of the view that while adjudicating the matters in terms of Article 199 of Constitution, read with powers contained in Section 561-A CrPC. the quashing of FIRs in different districts/provinces could not be ordered, however, in case of clear mala fide, the police can proceed only in one/initial FIR and all subsequent FIRs should be stayed and no legal action should be taken unless the accused is allowed to approach the court of competent jurisdiction with protection orders.”

“Even in such type of cases the parameters are settled that all subsequent FIRs should be cancelled by the I.Os respectively, whereas, in case of non-observing these parameters the aggrieved persons may resort to the remedy of filing of complaint against the officials and may also file suit for damages and compensation, although there is no bar on supervising officers like CPOs, DPOs to take departmental action against the delinquent official for abuse of powers, however, the family of Arshad Sharif has suffered huge loss, which could not be compensated in ordinary manner,” maintained the judge.

He continued that the concept of compensation in such type of extra-ordinary scenarios/circumstances has not been appreciated though the Protection of Journalist and Media Professional Act, 2021 has been enacted on 01.12.2021 for protection of the journalists, freedom of expression as contained in Article 19 of the Constitution of Islamic Republic of Pakistan, 1973 as well as under International Covenant on civil and political rights (ICCPR) but till date journalists, media professionals, V-loggers and individuals have been exposed to unjust harassment, which requires investigation though Section 10 of the Act of 2021 empowers the Commission established under Section 12 of the Act to investigate and prosecute and penalize threats, coercion, acts of violence against the journalists and media professionals.

Through petition number 1812-2022, the petitioner Arshad Sharif was aggrieved of registration of multiple FIRs against him nationwide to take political revenge from him based upon Vlog recorded by the journalist, Matiullah Jan. Therefore, Arshad Sharif (late) requested to consolidate all the FIRs to settle the issue through a single trial under the jurisdiction of Islamabad and further requested to quash those FIRs.

Justice Kayani mentioned that the Constitution of Pakistan under Article 175(2) envisages that “No court shall have any jurisdiction save as is or may be conferred on it by the Constitution or by or under any law.”

He added that in nutshell, it has been clarified that under Article 199 and Section 561-A CrPC, High Court lacks the authority to consolidate FIRs registered outside its territorial jurisdiction. The consolidation of FIRs is not permissible within a single High Court if the FIRs were lodged in different jurisdictions or different provinces as Section 185 of the CrPC does not grant High Courts the power to transfer or consolidate cases across different High Courts or jurisdictions.

Copyright Business Recorder, 2024