MUHAMMAD RASHID vs State O — 2021 PLD 804 SUPREME-COURT

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MUHAMMAD RASHID VS State O. IV, Rr. 2, 17 & O.VII, R.1---Criminal Procedure Code (V of 1898), Ss. 154 & 197---Advocate-on-Record, duty of---Better copy of FIR, omissions in---In the present case, the better copy of FIR appended with bail petition was missing certain (important) lines---Better copy of FIR placed in judicial file which carried the same omission, had been duly attested by the Advocate-on-Record ("AOR"), while the copy placed in the paper books before the Supreme Court did not carry the said attestation---Held, that such grave omission could totally misdirect the course of justice and result in injustice---Under O. VII, R. 1 of the Supreme Court Rules, 1980 ("Rules) copies of documents, if not forming part of the record of the Court appealed from, filed for the use of the Supreme Court, shall be certified to be true copies by the AOR for parties presenting the same---Under O. IV, R. 17 of the Rules the AOR undertook to abide by the Rules---Under O. IV, R. 2 an AOR could be adjudged guilty of professional misconduct or otherwise be considered unfit to be enrolled or allowed to remain as an advocate---In the present case, the better copy of the FIR attested by the AOR carried serious omissions---Supreme Court issued notice to the AOR to furnish his explanation for filing the incomplete better copy of the FIR in question and directed that Office shall ensure that only better copy duly attested by the AOR must be placed before the Court and to avoid any confusion, the actual copy of the FIR must accompany the better copy; that similarly, in the case of the Medico legal Certificate ("MLC"), if a better copy of the MLC was placed on the record, it must be duly attested by the AOR as per the Rules and the actual copy of the MLC must accompany the better copy---Case was adjourned for next date of hearing with the counsel for accused undertaking to place complete better copy of the FIR, as well as, the medical evidence before the Court.

MUHAMMAD RASHID vs State O — 2021 PLD 804 SUPREME-COURT

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