LAHORE: The Lahore High Court (LHC) has held that an attorney of a person can lodge an FIR with the police and can also initiate criminal proceedings before a court for the interest of his principal.
The court said, if the proceedings before the court were initiated by the principal, and he becomes unavailable or incapacitated, the attorney can also continue it on his behalf with the permission of the court.
The court also observed that courts should also encourage such practice keeping in view the hardships involved in the case to reduce delays in the criminal process which would restore the confidence of public on the courts of law for acquisition or regulation of their rights.
The court passed this order in a pre-arrest bail petition of Mirza Yahya and Mirza Tahir who approached the court with plea that FIR cannot be registered through an attorney.
Mirza Mazhar Baig, an overseas Pakistani living in Canada lodged the FIR through his attorney, Muhammad Usman Baig, against the accused Mirza Tahir Baig for preparing a forged sell agreement of his land leased out to him and also obtained an injunctive order from the concerned civil court by filing a suit for specific performance.
The court observed that an expert opinion of PFSA that questioned signatures are non-genuine sent for comparison, coupled with the fact that both the petitioners during investigation were found involved in commission of offence.
The court observed that the concession of pre-arrest bail is an extra ordinary relief, which is meant only for innocent persons where the intended arrest of an accused is found to be actuated with malafide on part of the complainant or the police.
The court has not seen any malice or ulterior motive on part of the complainant to falsely implicate the petitioners; therefore, they are not entitled to the extra-ordinary relief of pre-arrest bail as claimed for, the court added.
The court; therefore, dismissed the pre-arrest bail and ad-interim pre-arrest bail already granted to the petitioners is hereby recalled, the court maintained.
The court commenting on the issue of power of attorney observed that misuse of process by attorney, through registration of false FIR or filing of private complaint, can well be met through sound remedial measures.
There is no doubt that court shall decide the matter on production of relevant evidence only that can also be recorded by using modern techniques like through online applications, the court added.
The court observed that criminal administration of justice cannot dispense justice through a judge or court alone, rather it has introduced certain measures which may include appointment of bailiff, appointment of jury, local inquiry and commission for the examination of witnesses, which impliedly means that court also acts through attorney. Thus, concept is inherent in criminal justice system, the court concluded.
Copyright Business Recorder, 2025
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