HYDERABAD: A division bench of Sindh High Court’s Hyderabad circuit comprising Justice Shamsuddin Abbasi and Justice Amjad Ali Sahito on Thursday ordered an inquiry into the allegations that criminal elements existed within the rank and file of lawyer fraternity and they, in the garb of bar members, used to influence voters with the aim of getting their favourites elected in elections.

Advocate Mohammad Bux alias Waheed Karan Shoro, has in his petition alleged that these elements were involved in drug peddling and other criminal activities. He has prayed the court to order postponement of the Hyderabad District Bar Association (HDBA) elections scheduled for April 20 and order an inquiry to expose lawyers, as well as government officials, found involved in narcotics trade and rigging in the elections.

The bench ordered the Hyderabad SSP, Amjad Shaikh, to conduct the inquiry and submit his report before the bench by May 15, when the matter would be taken up again at 11am. The SSP would submit his report through SHC’s additional registrar.

Advocate Shoro had earlier raised the same issue in November last year before then caretaker Sindh chief minister retired Justice Maqbool Baqar during the latter’s visit to the High Court Bar Association office.

Petitioner tells court drug peddlers in garb of advocates rig polls, seeks postponement of HDBA election

When the matter came up for hearing on Thursday (April 18), the judges expressed their concern over the issues raised by petitioner Advocate Shoro. Justice Abbasi asked High Court Bar Association (HCBA) President Ayaz Tunio if he was doing anything over the allegations. Advocate Tunio sought time to look into the matter and said he would comply with court’s order when issued in the light of the inquiry report.

‘Secret inquiry’

During the hearing Justice Sahito said that the bench would get a ‘secret inquiry’ conducted by an SSP and Intelligence Bureau (IB) into the matter. However, the order passed during the course of the day contained directive for inquiry by the Hyderabad SSP alone. The bench also issued directive that the order passed on Feb 22 and the memo of petition should be sent to the SSP.

Petitioner Shoro has cited the home secretary, Sindh inspector general of police, Hyderabad SSP, Sindh Bar Council (SBC) secretary and presidents of the HCBA and HDBA as respondents.

Rigging in elections

The petitioner has informed court that there had been complaints about incidents of ‘systematic rigging’ during bars’ 2024 elections which proved correct the apprehensions that the prescribed code of conduct was not followed in administrative affairs. “Lately, it has emerged that some criminal elements under the garb of ‘advocates’ entered the legal fraternity and pretended to be members of bar associations,” he submitted in court, and lamented that “they look at elections every year after obtaining favourable results through manipulation and illegal practices”.

According to the petitioner, these elements serve vested interests and misuse powers of the two bars for activities prohibited under law. They use to influence bars’ office-bearers on the basis of their votes to get personal benefits which needs to be stopped. These elements are involved in sale of narcotics and other criminal activities.

Advocate’s arrest mentioned

The petitioner also submitted in court that one advocate, enroled with a bar, was arrested with a huge cache of psychotropic substance (ice).

He pointed out that the Hyderabad SSP had met HCBA and HDBA office-bearers in this regard and provided them with evidence to seek action against the arrested advocate as well as some other lawyers believed to be involved in unlawful activities. “Then an inquiry committee was formed and its report revealed that not only that fellow but other advocates were also misusing HCBA and HDBA,” the petitioner informed the bench.

Advocate Shoro suggested that biometric system should be implemented in line with Supreme Court’s relevant order and the system could be used to verify lawyers’ registration in a practical manner.

Formation of JIT urged

The petitioner prayed the court to order formation of a joint investigation team (JIT) comprising police and intelligence officials to ascertain facts and till submission of its report, the April 20 elections of the HDBA should be postponed. Later, the petitioner amended his prayer and urged court to direct SSP Amjad Shaikh to submit a comprehensive report regarding registration of ‘ice’ peddling cases along with names of the accused and those government officials found involved in the criminal activities.

Published in Dawn, April 20th, 2024

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