The Sindh High Court has taken exception to non-professional conduct of some lawyers in the Malir area and asked the home minister to constitute a joint investigation team to probe allegations of blackmail and threats against lawyers.
The direction came on a bail application of Athar Maqsood and Ahsan Ahmed against registration of criminal cases against them by an advocate at the Shah Latif Town police station. An SHC single bench, headed by Justice Omar Sial, inquired the counsel why he did not first approach the trial court for grant of bail. The counsel submitted that the complainant and his accomplices threaten, intimidate and manhandle the applicants and do not permit them to reach the trial court.
The court observed that if the allegations are found true, then this is alarming position that cannot be allowed to continue. The counsel submitted that the complainant advocate has lodged many FIRs against the persons, alleging that he was involved in blackmailing the people and illegally dispossessing them of their properties with the support of the local police.
The court observed that these allegations must be investigated to protect the noble profession of advocacy from such conduct. It said the complainant did not deny that he registered a number of FIRs but could not justify them. The court observed that it appears that complainant Ghulam Asghar Shar worked for the Pakistan Rangers at some stage as he uses that as leverage in his alleged activities.
The court further stated that this was not the first occasion on which grievance has been brought before the court regarding the dubious activities of individuals who hold themselves out as advocates but against whom there is evidence of unethical and illegal practices.
The SHC also observed that it is humiliating for the profession of the law that a large segment of public refers to such advocates as the “Qabza mafia.” It said litigants have been beaten on the court premises on the pretext that one of the parties is an advocate, and the litigant being forcibly denied legal representation is shameful to say the least.
The court observed that it is open secret that whenever the court passes an order to curtail the activities of such black sheep of the legal profession, it is met with frivolous, vexatious and malicious complaints and references.
It said that on numerous occasions the police have been pressured and intimidated by groups of such persons into yielding to unlawful demands to register FIRs or into unlawful attempts to violate the law.
The court observed that it is incumbent upon the bar council and associations to take strict and immediate action against such delinquent advocates, and the reputation of noble profession of the law must be protected stringently as an advocate is there to help the oppressed, not to become an oppressor.
It asked the home minister to constitute a JIT to probe the allegations of blackmail and illegal activities against the advocates. The court proposed that the JIT be headed by DIG Irfan Baloch or Amir Farooqui and it must include a representative of Inter-Services Intelligence, Intelligence Bureau and Pakistan Rangers.
The court asked the district and sessions judges, Sindh Bar Council, prosecutor general and presidents of various bar associations to extend full cooperation to the JIT in such exercise. It observed that the JIT may submit its report within one month. It also granted bail to the applicants.
