Source: The News (26 May 99)
Second FIR in Samia case dubious: jurists
by Jaffar Rehman
Lahore: Registration of two FIRs in the same case is illegal and the unfortunate precedent set in this regard is likely to have serious repercussions on the criminal justice system, legal experts told The News. They were commenting on the registration of a new FIR in the murder case of Samia Imran by the Peshawar police in Peshawar on Monday, accusing advocates Hina Jillani and Asma Jahangir of abduction and murder in the case of Samia Imran and another person, who was accused by those present at the AGHS law firm office were the murder occurred some weeks ago of shooting dead Samia.
An FIR had already been registered with Lahore police soon after the incident. In this FIR it was stated by the complainant, Hina Jillani, that Samia had been shot dead at the AGHS, in Hina Jillani’s office, in the presence of her mother. The man who had killed Samia was later shot dead by a guard posted at the entrance of the AGHS law firm, while Samia’s mother and another relative accompanying her fled in a rickshaw, after taking Shataj Qizalbash, a legal aid worker at AGHS, hostage. Shahtaj was released some hours later.
Samia’s parents, including her further Gulam Sarwar, a former president of the Srahad Chamber of Commerce, had later left Lahore. In Peshawar, they had accused senior lawyers Hina Jillani and Asma Jahangir of causing their daughter’s death.
« This is a case which had already been challaned [challenged?] after the investigation of the Lahore police. Yet the Peshawar police have chosen to register a fresh case, which is simply a reverse version of the statements of the complainants and witnesses nominated in the first FIR. This is an insult to the law and the lawyers community, » commented Dr. Khalid Ranjha president of the Lahore High Court Bar Association and a senior advocate.
He was of the opinion that registration of the first information report (FIR) of a case which had already been registered was « over-reaching » the bounds of the criminal justice system. He said the lawyers would protest against it. « The chamber of a lawyer is considered to be a sacred and safe place; it is thus very insulting for them to face such a planned and planted situation. The lawyers will chalk out their future line of action for the supremacy of law and fundamental rights, » he asserted.
« The police cannot do such a thing if he knows of the first FIR. But if the position is otherwise then the second FIR can be registered, » he observed.
It may be noted the murder of Samia Imran, the allegations of her parents involvement in the incident and reports of the case lodged in Lahore were widely publicised at the time.
Barister Khalid, a prominent lawyer, opined the second case registered by the Peshawar police was « a good case for seeking its quashment from the Peshawar High Court. »
Qureshi Muhammad Hafeez, former standing counsel for the Federal Government, said registration of a second FIR in a murder case was « not permissible. » He said the superior courts have given a number of judgements on this issue and almost all the petitions seeking directions for the registration of a second FIR or another case were not allowed. He however, pointed out that in the Mir Murtaza Bhutto case two FIRs were lodged, one by the police and the other by Ghinwa Bhutto on the orders of the Sindh High Court. The difference in the present case and Mir Murtaza Bhutto case was that the first FIR in Murtaza’s murder was registered by the police, i.e a government functionary, whereas the second was registered on the report of the widow. In Samia’s case both the FIRs have been registered by private parties for which prima facie there seems to be no ground.
Khadin Hussain Khokhar and Naseer Ahmad Baloch advocates lamented the implication of a prominent lawyer in an alleged murder case and said members of legal fraternity should take serious notice of it. They suspected some other motives behind this move. The said jurists said that the human rights activities of Asma Jahangir and Hina Jillani and their lambasting the violation of human rights and civil liberties had given a jolt to the government which had launched a campaign against the NGOs so that the persons active for the promotion and cause of human rights could be targeted.
Former assistant advocate general Hasnat Ahmad Khan said if the second version was just an explanation of the first FIR then the second FIR could not be registered, and the counter version could be recorded during the investigation of the first FIR under section 161 of the Code of Criminal Procedure. On a question as to what the police would do if an FIR was registered in the NWFP about the same incident, the counsel said as the occurrence took place in Lahore (Punjab) the second FIR registered at Peshawar was « illegal ad void ab initio. » He added « the aggrieved party might approach the high court concerned for the quashment of the second FIR as its registration at Peshawar was totally without jurisdiction ».
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