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The Multiple FIRs related to the same Incident must be Consolidated into a Single Case to avoid Unnecessary Harassment and the Abuse of Legal Processes --- Islamabad High Court, Islamabad

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The Multiple FIRs related to the same Incident must be Consolidated into a Single Case to avoid Unnecessary Harassment and the Abuse of Legal Processes --- Islamabad High Court, Islamabad

Islamabad 29-08-2024: In a significant ruling, the Islamabad High Court has provided clarity on the legal handling of multiple First Information Reports (FIRs) lodged against individuals, particularly journalists, across different jurisdictions in Pakistan. The judgment, delivered by Mr. Justice Mohsin Akhtar Kayani, addresses a series of petitions filed by well-known journalists including the late Arshad Sharif, Muhammad Imran Riaz, and Sami Ibrahim, who were subjected to numerous FIRs allegedly motivated by their critical views and expressions.

The Court's decision underscores the principle that multiple FIRs related to the same incident or cause of action must be consolidated into a single case to avoid unnecessary harassment and the abuse of legal processes. This judgment is seen as a crucial step in safeguarding freedom of expression and preventing the misuse of legal provisions to target journalists.

1. Consolidation of FIRs: The Court ruled that multiple FIRs concerning the same incident should be consolidated, with only the first FIR proceeding to trial. Subsequent FIRs are to be quashed or treated as part of the initial investigation, following the legal precedent set by the Supreme Court in the Sughran Bibi case (PLD 2018 Supreme Court 595).

2. Jurisdictional Boundaries of High Courts: The judgment clarified that a High Court does not have the authority to quash FIRs registered outside its territorial jurisdiction. For inter-provincial cases, the appropriate recourse is through the Supreme Court of Pakistan.

3. PECA and PPC Offences: The Court emphasized that the use of an information system does not convert a PPC offence into a PECA offence unless specific legal criteria are met. This distinction is crucial in cases involving cybercrimes, where jurisdictional and procedural nuances differ significantly.

4. Protection Against Harassment: The judgment condemned the registration of multiple FIRs in different jurisdictions as a form of legal harassment, particularly when motivated by political reasons. It called for stricter oversight and coordination by federal and provincial authorities to prevent such practices.

5. Role of Joint Investigation Teams (JITs): In cases involving complex cybercrimes, the Court allowed for the formation of Joint Investigation Teams (JITs) comprising members from the Federal Investigation Agency (FIA) and local police, to ensure comprehensive and fair investigations.

The Court also issued several guiding principles for handling similar cases in the future, recommending legislative amendments to address the gaps in the current legal framework. These guidelines include provisions for the automatic extension of bail across multiple FIRs on the same subject matter and stricter controls on the registration of FIRs by private individuals without proper authorization.

This landmark ruling is expected to have a significant impact on how FIRs are registered and handled across Pakistan, particularly in cases involving journalists and politically sensitive issues. Legal experts view this decision as a reaffirmation of judicial commitment to protecting freedom of expression and preventing the misuse of legal processes.

The full text of the judgment provides detailed legal reasoning and guidelines, which are anticipated to serve as a reference in future cases involving similar issues.