FAROOQ ANWAR ADVOCATE SUPREME COURT vs SUB INSPECTOR AYAZ KHAN SHO/INVESTIGATION OFFICER, FIA, CYBER CRIME CIR

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FAROOQ ANWAR ADVOCATE SUPREME COURT VS SUB INSPECTOR AYAZ KHAN SHO/INVESTIGATION OFFICER, FIA, CYBER CRIME CIRCLE, QUETTA R. 134---Prevention of Electronic Crimes act (XL of 2016), S.21---Lawyers Welfare and Protection act (XII of 2023), S. 9---Qanun-e-Shahadat (10 of 1984), arts. 9 & 12---Counsel and client relationship---Privileged communication, protection to---Petitioner was practicing lawyer and authorities issued him notice to explain regarding transmission of obscene material to his cell phone by his client---Validity---Member of Bar, as per R.134 of Legal Practitioners and Bar Councils Rules, 1976 is under bounden duty to maintain a high standard of his profession in addition to his own dignity---If a counsel opts to share anything with somebody which he came across during the period of his engagement by a particular party, such counsel would be lowering down the dignity of the profession and is guilty of misconduct---Petitioner was bound to maintain confidentiality about the facts which came into his knowledge as a result of his engagement---Such shield is not absolute and privilege does not extend to situations where lawyer himself indulges in illegal purpose and becomes a vehicle for transmitting obscene or unlawful material or conceals facts showing that a crime or fraud had been committed---In such case protection is withdrawn as the law does not shelter complicity under the guise of confidence---Issuance of notice to petitioner merely for being recipient of material sent by his client without any suggestion of active involvement was an overreach---Investigating authorities did not have the entire and total authority of running investigation according to their whims---Investigating Officer acted beyond his authority and jurisdiction by violating provision of law--- High Court directed Director General of FIa to take disciplinary action against the investigating officer---High Court quashed the notice issued to petitioner---Constitutional petition was allowed in circumstances.

FAROOQ ANWAR ADVOCATE SUPREME COURT vs SUB INSPECTOR AYAZ KHAN SHO/INVESTIGATION OFFICER, FIA, CYBER CRIME CIRCLE, QUETTA R — 2026 PLD 64 QUETTA-HIGH-COURT-BALOCHISTAN

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