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June 10, 2006 Saturday Jumadi-ul-Awwal 13, 1427


KARACHI: SHC asks FIA not to bifurcate cases



By Our Staff Reporter


KARACHI, June 9: The Sindh High Court barred the Federal Investigation Agency on Friday from bifurcating cases registered through the same FIR under the Immigration Ordinance or the Passport Act and the Pakistan Penal Code.

Justice Amir Hani Muslim was seized of bail applications moved by three men accused of offences under the Passport Act and the PPC.

The applicants’ counsel, Advocate Mohammad Jameel, submitted that the FIA has adopted the practice of bifurcating the same chain of offences registered for violation of different laws.

Separate charge-sheets were being submitted against the same accused for the same offence under the PPC and the Passport Act or Immigration Ordinance.

As a result, the accused were tried by two different courts for the same offence and had to seek bail from them separately.

In the instant case, he said, the applicants were granted bail by the special judge (central) under the Passport Act and the Immigration Ordinance.

However, they were denied the same relief by the judicial magistrate and thereafter by additional sessions’ judges under the PPC.

They approached the high court against the additional judges’ orders.

The court said it was not for the investigation or prosecution agencies to decide on bifurcation of an FIR.

The entire case should be submitted to the special judge for his decision. The applicants were admitted to bail.

LAW OFFICERS: Appointments have been made to vacancies of federal government law officers in Karachi.

Advocate Akhtar Ali Mahmood has been appointed deputy attorney-general and Advocates Asghar Nasim Faruqui and Sofia Saeed standing counsel in addition to Advocate Mahmood Alam Rizvi, who is already holding the office.

Advocate Syed Ziauddin Nasir has been relieved of the office of standing counsel following his resignation.






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