Islamabad: (Pakistan Press Foundation) On August 26, the Islamabad High Court (IHC) ruled in response to petitions challenging the registration of multiple First Information Reports (FIRs) against the late journalist Arshad Sharif and other media professionals including Imran Riaz Khan and Sami Ibrahim. In its detailed 36-page judgment authored by Justice Mohsin Akhtar Kayani, the court firmly declared that filing multiple FIRs for a single allegation is not legally permissible, mainly when such actions are motivated by political agendas.

Justice Kayani emphasized that the principle of justice demands that only one FIR should be considered valid for investigation purposes. He noted that registering multiple FIRs not only undermines legal procedures but also poses a severe threat to the rights of the accused. The ruling underscored the importance of protecting individuals from the misuse of legal mechanisms, particularly when state institutions are involved. The judgment unequivocally stated that lodging multiple FIRs for the same offense is unsustainable in the eyes of the law.

The IHC’s ruling also touched upon the Protection of Journalists and Media Professionals Act, 2021, enacted to shield journalists from undue harassment. Despite the protections offered by this legislation, the court lamented the lack of its effective implementation. Justice Kayani noted that journalists, vloggers, and media professionals continue to face significant threats and harassment, mainly due to the inadequate enforcement of the Act.

The court also highlighted the limitations of its jurisdiction under Article 199 of the Constitution of Pakistan and Section 561-A of the Criminal Procedure Code (Cr.P.C.). Justice Kayani clarified that while the IHC can address FIRs within its territorial jurisdiction, it lacks the authority to quash FIRs registered in other provinces. The ruling pointed out that the consolidation of FIRs across different jurisdictions is not within the power of a single High Court; such authority is reserved for the Provincial Government or the Supreme Court of Pakistan under Section 527(1) of the Cr.P.C.

Furthermore, the judgment delved into the broader implications of such legal actions, particularly when perceived as harassment by state institutions. Justice Kayani stressed that when malafide intentions are evident, law enforcement should proceed cautiously, prioritizing the initial FIR and refraining from further legal action until the accused can seek protection from a competent court. He also called for accountability within law enforcement agencies, urging senior police officials to take disciplinary action against those who misuse their powers by lodging multiple FIRs.

In conclusion, the court advised those affected by multiple FIRs to seek recourse through the appropriate legal channels, such as provincial governments or relevant high courts, to consolidate or transfer cases.