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OUR SERVICES AND EXPERTISE

As a practitioner of criminal law with over 20 years of experience, Barrister Salman Safdar regularly undertakes cases representing both the Prosecution and the Defense. Working as a Prosecutor and a Defense Lawyer requires a diverse and unique set of skills from a criminal lawyer and Barrister Salman Safdar regularly represents aggrieved parties seeking to prosecute offenders in respect of violent crimes and heinous offences and also represent defendants accused of having committed criminal offences. Our Chamber specializes in providing the following services:

Registration of Criminal Cases

Various Clients encounter immense difficulty in registering their criminal case at the Police Station against a known or unknown aggressor party. Presently in Pakistan there are innumerable persons seeking relief and redress for their legitimate grievances but the Police are unready or unwilling to register the same, depriving ordinary citizens of their right to seek justice. This may be due to the ill-will or ulterior motive of the police but is also commonly because of the police’s inability to understand complex or technical offences involving fraud, forgery, criminal negligence and other offences of a similar nature.

In such cases, our team assists clients by availing remedies designed to provide relief where the police refuses to register a criminal case. This includes filing and arguing an application for the registration of a First Information Report before an Ex-officio Justice of Peace under sections 22-A/22-B of the Code of Criminal Procedure (“Cr.P.C”) or lodging a Private Complaint under Section 200 of the Cr.P.C. Our goal is to initiate the criminal case and to bring it on track so that a favourable result can be secured.

Lodging Private Criminal Complaints

Increasingly, there is an impression amongst aggrieved parties that if their First Information Report (FIR) is not registered by the Police, then there is no chance for their criminal case to reach the Courts. However, Pakistan’s criminal law provides the effective and lethal remedy of a Private Criminal Complaint which is brought directly before a Court of law. As dishonest and defective investigations are routine and often fail to deliver justice, a Private Criminal Complaint bypasses the police, allowing the Complainant to move their complaint directly before a Judge. The remedy of a Private Criminal Complaint is an effective mechanism which provides the same final remedy as the ordinary procedure of lodging a criminal case through an FIR, the only difference is that in a Private Criminal Complaint it is the Complainant and his lawyer who must satisfy the Court through producing evidence themselves.

Protective Bails

In the criminal justice system of a Pakistan, false implication and subsequent arrest without any reasonable grounds are a commonplace occurrence. Though it has been strictly laid down by the Supreme Court that accused persons are not to be arrested straight away unless probable cause exists to do so, the police and other investigating agencies are complicit in arbitrarily arresting individuals against whom baseless and bogus allegations are brought. Therefore, out of the fear of being harassed at the hands of the police and subjected to horrendous treatment, many accused persons flee and abscond by escaping to foreign jurisdictions or elsewhere in Pakistan.

In such a situation, our Chamber protects the dignity of its Clients by preventing their arrest through filing a Protective Bail. The relief of Protective Bail is exercised when Clients who have absconded due to whatever reason wish to surrender and exercise their right to a fair trial. This enables clients to face the process of law honourably, on their own terms, and in a manner that preserves their dignity.

Pre-arrest Bail

Pre-arrest Bail or a “Bail before Arrest” is an extraordinary relief for individuals facing imminent arrest. Quite often, either due to a misunderstanding, grudge, or other ulterior motive, a complaint is lodged before the Police in which innocent persons are implicated.

At times, honest and hardworking individuals with impeccable reputations are falsely implicated for having committed serious offences by a hostile complainant with the ulterior motive of ruining their reputation or forcing them to pay hefty sums for the false allegation to be withdrawn. The same applies to business owners and professionals who are personally roped into allegations involving corruption, corrupt practices, or other offences without their being any evidence to prove the same.

In our experience, it is a norm for persons to be arrested by the Police in bogus cases without the proper application of mind and without a thorough assessment regarding whether an arrest is warranted. Therefore, in appropriate cases, our Chamber takes the precaution of filing a Pre-arrest Bail to ensure that Clients are safeguarded from unlawful arrest.

Post-Arrest Bail

As the name implies, the relief of Post-arrest Bail is available to Clients once an arrest has already been made. The law provides for accused persons to be bailed out following arrest to prevent their liberty from being unjustly curtailed prior to conviction. If it can be shown that the case falls under the ambit of “further inquiry”, i.e. further investigation is required to establish whether the accused is connected with the alleged offences, the relief of Post-arrest Bail can be availed.

Our Chamber accepts and argues Bails on a daily basis before the lower and Superior Courts of Pakistan in all four provinces. Barrister Salman Safdar accepts cases involving both the cancellation of Bail (from the Prosecution side) and also for the grant of bail (from the Defense).

Ensuring Early Acquittal & Quashing FIR’s/References

The wrongful prosecution of an innocent person is an agonizing process which subjects the accused to a prolonged investigation and unending trial. It is important, however, to note that the law provides a remedy to every grievance and, in the case of wrongful or unjustified prosecution, the law allows an innocent person to secure an acquittal and exit the trial at an early stage. This puts an end to the misery of an innocent individual who is arbitrarily and whimsically involved in a criminal case by the investigating agencies.

Once it is shown that the complaint against the individual is baseless and the accused had no nexus with the alleged offences, either the FIR itself can be quashed before the trial begins or, once the trial has begun, an early acquittal under sections 249-A or 265-K can be secured.

Assisting Clients during Investigation Stage

In a criminal case involving white collar crime or violent crime, the investigation stage plays a crucial role in determining the final outcome and verdict of the case — it may be aptly described as the “make-or-break” stage in the case. During the investigation, it is the investigating agencies duty to record the written statement of every accused so that the defendant is given a chance to explain their side of the story and their version of events. This is the first opportunity for the accused to put forward a strong and confidence-inspiring defense which will eventually shape the outcome of the case.

During this stage, our Chamber, following lengthy and detailed interviews with the Client, supervises the investigation and carefully assist the Client in developing and expressing their version. Since white collar crimes often share highly technical and complex fact patterns, our team simplifies the version of events, presenting only the relevant details with the goal of making the Client’s statement easily and readily understandable for the investigating agency.

Able assistance not only makes the investigation process simpler and more comfortable for the Client, but also makes Clients more confident about their own case. We consider it our duty to help and facilitate the Client in understanding each step of the investigation and fulfilling the demands of the relevant investigating agency.

Criminal Trials (White Collar and Violent Crime)

At the Chamber of Barrister Salman Safdar, it is our firm and unchanging belief that a favourable result cannot be secured in a criminal trial without first developing a clear strategy and roadmap for the case. Barrister Salman Safdar and his team, upon accepting trial work, draw upon their past experience in handling criminal trials to formulate a strategy and follow the strategy with a vigilant, proactive, and focused attitude.

Barrister Salman Safdar has done trials in both types of criminal cases, trivial and serious. While our Chamber’s main focus is on trials involving white collar crime, particularly NAB trials, Barrister Salman Safdar has also secured relief in multiple high-profile trials involving violent crime such as General (R.) Pervez Musharraf’s High Treason trial and the Khadija Siddiqui’s Stabbing case. Barrister Salman Safdar is presently representing Syed Ali Musa Gillani in the Special Court for the Prosecution of Controlled Narcotics Substances. He is also representing General Electric in the NAB Court.

Appeals (High Court & Supreme Court)

There are numerous individuals who, though lucky enough to secure a favourable result in the trial stage, still have to fight out their cases up till the High Court or even the Supreme Court. Barrister Salman Safdar over the course of arguing 2000 murder appeals has, through his dedication to his cases, acquired the expertise to be able to immediately grasp the true nature of the case and formulate compelling arguments that illustrate the Client’s position in front of a Superior Court Judge.

At the appellate stage, questions of law, questions of fact, drafting, argumentation, in-court representation, and effective advocacy play a pivotal role in deciding the outcome of the case.

Barrister Salman Safdar, due to his expertise and vast experience, has been appointed as Amicus Curiae (Friend of the Court) in numerous cases to assist the Supreme Court in deciding complex legal problems in Pakistan’s Criminal Law so that our criminal justice system can be reformed.

Having perfected the art of Advocacy, Barrister Salman Safdar argues High Court Appeals and appears before Superior Court Judges on a daily basis. His reputation at the Bar as a masterful public speaker and an accomplished Advocate has allowed him to consistently secure favourable results for his Clients.