ISLAMABAD - The Islamabad High Court (IHC) has issued a pivotal ruling on petitions challenging the registration of multiple First Information Reports (FIRs) against the late Arshad Sharif and other journalists. The judgment, delivered by Justice Mohsin Akhtar Kayani, emphasised that the registration of multiple FIRs against an individual is not legally sustainable, especially when state institutions are involved. The ruling came in response to petitions filed by the late Arshad Sharif, along with journalists Imran Riaz and Sami Ibrahim.
Justice Kayani ruled that only one FIR can be considered valid for investigative purposes. He pointed out that when multiple FIRs are registered, particularly in politically motivated cases, it becomes imperative to ensure that the accused is afforded protection. The accused should be given the right to approach a competent court and obtain bail to explain their circumstances. The judge unequivocally stated that the very act of registering multiple FIRs against an individual is not maintainable in the eyes of the law.
The court further clarified that, while it holds jurisdiction under Article 199 of the Constitution of Pakistan and Section 561-A of the Cr.P.C., it lacks the authority to quash FIRs registered outside its territorial jurisdiction. Justice Kayani noted that the consolidation of FIRs is not permissible within a single High Court if the FIRs were lodged in different jurisdictions or provinces. Section 185 of the Cr.P.C. does not grant High Courts the power to transfer or consolidate cases across different jurisdictions. Instead, the power to transfer cases between different High Courts is vested in the Provincial Government under Section 527(1) of the Cr.P.C., as well as with the Supreme Court of Pakistan.
Justice Kayani also addressed the broader implications of the registration of multiple FIRs, particularly in cases where state institutions are behind such actions. He stressed that, in instances where malafide intent is apparent, the police should only proceed with the initial FIR, and all subsequent FIRs should be stayed. No legal action should be taken unless the accused is allowed to approach the court of competent jurisdiction with protection orders in place. Moreover, Justice Kayani underscored the importance of accountability within law enforcement. He stated that supervising officers, such as Chief Police Officers (CPOs) and District Police Officers (DPOs), should take departmental action against officials who abuse their powers. The court acknowledged the significant loss suffered by Arshad Sharif’s family, noting that this loss could not be adequately compensated in ordinary manner.
The judgment also touched on the Protection of Journalist and Media Professional Act, 2021, which was enacted to safeguard journalists and media professionals. Despite the Act’s provisions, Justice Kayani highlighted that its implementation has been lacking, leaving journalists, media professionals, vloggers, and others exposed to unjust harassment. The court expressed concern that the necessary investigations and prosecutions under the Act have not been sufficiently pursued, further exacerbating the vulnerabilities faced by journalists in Pakistan.
In light of these considerations, the court advised petitioners to seek redressal from the relevant high courts or provincial governments if they wish to pursue the consolidation or transfer of FIRs lodged in different jurisdictions. The ruling reaffirms that the registration of multiple FIRs for similar charges constitutes unjust harassment and is not supported by law. The IHC’s decision underscores the need for legal reforms to protect individuals, particularly journalists, from being subjected to politically motivated and legally unjustifiable multiple FIRs.
