Constitutional Petition No.D-2484 of 2018
Date Order with Signature of the Judge
1.For hearing of Misc. No. 10763/2018
2.For hearing of case.
13th April, 2018.
Mr. Abid S. Zuberi, Advocate for the petitioner.
Mr. Ashfaq Rafiq Janjua, Assistant Attorney General.
Mr. Arbab Mehar Deputy Director FIA
Mr. Rehmatullah Domki, A/AD FIA
Aftab Ahmed Gorar, J.:- Through this petition, the petitioner has impugned the notice dated 22.3.2018 issued by respondents/FIA pursuant to Verification No.02 of 2018 whereby CEO of petitioner’s company was required to appear in person, on the ground that the respondent/FIA has no jurisdiction to inquire into the matter against the petitioner, which is a public limited company which contributes to the national exchequer. Per learned counsel for the petitioner, the respondents are proceeding against the petitioner without any lawful jurisdiction, whereas a roving and fishing inquiry is being conducted inspite of the fact that the petitioner has responded the queries raised by the respondents. Per learned counsel the copy of the purported inquiry duly approved by the competent authority has not been provided to petitioner. To support his contentions learned counsel relied upon the cases of Dr. Arsalan Iftikhar V/S Malik Riaz Hussain & others (PLD 2012 Supreme Court 903), Ghulam Hussain Baloch & another V/S Chairman, National Accountability Bureau Islamabad & 2 others (PLD 2007 Karachi 469), Raja Muhammad Zarat Khan & another V/S Federation of Pakistan through Secretary Ministry of Cabinet Division & 2 others (PLD 2007 Karachi 597) and the case of Muhammad Younus Arain V/S Chairman NAB & another (2008 MLD 1431).
On the other hand, learned Assistant Attorney General while controverting the above submissions of learned counsel for petitioner, files statement duly signed by Deputy Director, FIA, Counter Terrorism Wing, which reads as under:
“On behalf of Respondent No.1 to 4 it is, respectfully submitted that on receipt of a written complaint against M/s MSC Agency Pakistan Pvt Ltd to the effect that the Company Head Office is based in Switzerland. They have a connection with RAW (Indian Agency) funding MSC Agency Pakistan, supplying Arms through wrong manifestation in Custom as weight and value to lower the duty. They have involvement in Money Laundering for Raw. Politicians are also involved. A big Mafia is involved. The complaint was addressed to NAB and subsequently transferred to Director General, FIA for further action.
On receipt of permission from the competent authority, an Enquiry bearing No.07/2018 of FIA Counter Terrorism Wing, Karachi was initiated and the CEO of the Company was summoned to conduct an enquiry under section 5 of FIA Act, 1974. The representative of the petitioner company, through their Advocates sought time vide letter dated 26.03.2018 and moved this Hon'ble Court.
Since the allegations are of serious nature and an enquiry under section 5 of FIA Act, 1974 is in progress, the petitioner/CEO of the company may kindly be directed may join the lawful enquiry for a logical end.”
In the above circumstances, petitioner is directed to attend the inquiry proceedings; in the meanwhile, the official respondents are directed to act strictly in accordance with law and not indulge themselves in any activity contrary to law and Constitution. To come up on 30.04.2018.
It is clarified that if on the above date counsel for the petitioner fails to appear or proceed with the matter and seeks adjournment, the order of interim relief shall be recalled.
J U D G E
*Aamir/PS* J U D G E