KARACHI: Expressing concerns over a large number of cases registered on behalf of lawyers bearing significant implications for legal profession, the Sindh High Court (SHC) has directed the Sindh Bar Council (SBC) to scrutinise ethical dimensions outlined in the rules about lodging cases by counsel against their own clients and to probe any misuse of professional privileges by law practitioners.

The SHC also asked the SBC executive committee to identify any instances of malicious or unwarranted FIRs filed against innocent individuals and initiate appropriate disciplinary actions in order to safeguard ethical standards and integrity of the legal fraternity.

A two-judge bench, comprising Justice Salahuddin Panhwar and Justice Adnanul Karim Memon, also ordered the Sindh inspector general of police (IGP) to ensure that those FIRs lodged with malicious intent against innocent individuals were thoroughly investigated and also safeguard the registration of legitimate FIRs against actual offenders.

It also directed the IGP to uphold the decorum of the police force while providing safety and security to all citizens within their jurisdictions on the premises of courts.

Police say total 609 FIRs lodged against litigants on complaints of lawyers between Jan 1 and Oct 31

Additionally, the IGP was directed to ensure the maintenance of the law and order, guaranteeing equal treatment to all citizens regardless of profession, caste, creed or community, it added.

The bench noted that advocates had lodged a total of 609 FIRs, including 14 cases against their own clients and as many against police officials, while an overwhelming 581 FIRs were against third parties during this year so far.

It was hearing a petition filed against a lawyer for lodging multiple FIRs against his client and at the previous hearing the SHC had directed the IGP to submit a complete report about the cases lodged by the lawyers against their clients and third persons.

At the outset of hearing, the AIG (legal) submitted a report which stated that 609 FIRs were lodged on the complaints of lawyers from Jan 1 to Oct 31, including 194 cases lodged at Karachi’s city district of police range, comprising old areas followed by Malir with 111 FIRs, Karachi (East) 77, Korangi 34, Karachi (South) 32 and 27 FIRs lodged at Hyderabad.

The bench in its order issued on Tuesday noted that in a majority of such FIRs, police reports had been filed under A (accused persons are unknown or untraceable) and C (cancelation of case) class categories while investigations in others FIRs remained pending.

It said such extensive volume of FIRs raised significant concerns especially that even members of the legal profession were among the complainants citing threats of dire consequences, incidents of theft and cheque dishonor as grounds for registration of such cases.

“This substantial influx of FIRs suggests a troubling scenario showing smoke on the screen, indicating either a failure of the state to safeguard the legal community or a potential misuse of their professional privileges by these individuals. It is imperative to take immediate steps to address the proliferation of motivated FIRs that are tainted with malice against innocent individuals, while ensuring that genuine FIRs against actual offenders are not hindered. Failure to do so may result in a situation where it becomes too late to rectify the injustices, leading to irreparable harm and a complete breakdown of the rule of law,” it added.

In the light of the foregoing circumstances, the bench said that it was cognisant of the fact that the present matter bearing significant implications for the legal profession particularly concerning the regulation of professional conduct and ethics which fall within the domain of the SBC.

“The Committee [of SBC] is tasked with investigating any misuse of professional privileges by lawyers throughout the Sindh region, with particular attention to occurrences in Karachi, to uphold the dignity and integrity of the legal fraternity,” it concluded.

Published in Dawn, November 13th, 2024