KARACHI: The Sindh High Court on Friday issued notices to the Sindh Bar Council, Karachi Bar Association and Sindh High Court Bar Association for assistance on an application filed against a lawyer.
A two-judge bench comprising Justice Salahuddin Panhwar and Justice Adnan-Ul-Karim Memon also put the advocate general, prosecutor general and other respondents on notice for Nov 21.
Applicant Ejaz-ul-Hassan approached SHC against quashment of an FIR lodged on the complaint of a lawyer and submitted that the case was recommended to be cancelled thrice in investigation reports, but due to “unethical behavior and tyranny of complainant” pressure was exerted on magistrate concerned to treat such report as charge-sheet.
The petitioner submitted that the case was registered in 2020 on the pretext that one Ameer Bakhsh had filed an application before him, since the petitioner was a mukhtiarkar, and he allegedly made some illegal demands.
The petitioner also alleged that later, he was forced to reach a settlement, but severally beaten up on the premises of sessions court-East by the lawyer/complainant and his associates.
The bench converted the petition into a criminal miscellaneous application on the request of lawyer for petitioner.
It also directed the registrar of SHC to call a report from the session judge East (Karachi) about the allegations levelled by petitioner and restrained the private respondent/lawyer or any person acting on his behalf from harming the petitioner.
Meanwhile, the same bench also issued notices to the prosecutor general and respondents for Dec 10 in an identical matter.
Petitioner Mohammad Arshad had moved the SHC seeking quashment of two FIRs lodged against him and his son.
He claimed that those false cases were lodged by his own counsel and his two associates and they also allegedly subjected him and his son to physical abuse on court premises.
The bench noted that a fair trial was the right of every person and if there was evidence of physical assault, the court concerned was required to take action.
It also directed the registrar SHC to call report from the district and sessions judge, having jurisdiction of police station where such FIRs were lodged.
The bench further directed the investigating officer to examine a USB, provided by the petitioner about the assault, and proceed further if any offence is committed within court premises.
Besides, the matter may be referred to Sindh Bar Council for the indulgence and action, if required, it added and also issued a restraining order not to harass the petitioner and his family members.
Published in Dawn, November 9th, 2024
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