| Case ID |
22d3c0e7-7486-4a64-aa6e-cfea76326f3f |
| Body |
View case body. Login to View |
| Case Number |
Writ Petitions Nos. 1184 and 1778 of 2021 |
| Decision Date |
Jan 28, 2022 |
| Hearing Date |
Dec 21, 2021 |
| Decision |
The High Court dismissed the constitutional petition challenging the registration of a second FIR under the Anti-Money Laundering Act, 2010. The court held that the investigating officer had the authority to attach property believed to be involved in money laundering and that such cases require thorough investigations. The petitioner’s grounds for quashing the FIR were not legally justiciable, as money laundering is treated as a distinct offense. The court ruled that the principles for quashing FIRs did not apply in this case, leading to the dismissal of the petition. |
| Summary |
This case revolves around the interpretation and application of the Anti Money Laundering Act, 2010, particularly concerning the registration of FIRs under its provisions. The Islamabad High Court addressed the nuances of special laws overriding general laws and the legislative intent behind the enactment of the Anti-Money Laundering Act. The court's decision emphasized the need for specialized procedures in handling money laundering cases, highlighting that such offenses require detailed investigations. The ruling clarified that the High Court would not quash FIRs unless there was a clear absence of legal grounds or if the FIR was maliciously filed. This case serves as a critical reference for future cases involving financial crimes, reinforcing the importance of adhering to specialized legal frameworks designed to combat money laundering effectively. |
| Court |
Islamabad High Court
|
| Entities Involved |
Not available
|
| Judges |
MOHSIN AKHTAR KAYANI, J
|
| Lawyers |
Not available
|
| Petitioners |
another,
MUHAMMAD RAFIQUE
|
| Respondents |
another,
DIRECTOR GENERAL, FEDERAL INVESTIGATION AGENCY, ISLAMABAD
|
| Citations |
2023 SLD 445,
2023 PCRLJ 38
|
| Other Citations |
Neimat Ali Goraya v. Jaffar Abbas 1996 SCMR 826,
Messrs Noorani Traders, Karachi v. Pakistan Civil Aviation Authority PLD 2002 Kar. 83,
Ismaeel v. The State 2010 SCMR 27,
The State v. Fazeelat Bibi PLD 2010 Lah. 498,
National Bank of Pakistan v. Emirates Bank International Ltd. 1993 CLC 2009,
Saeed Ullah Paracha v. Habib Bank Ltd. 2014 CLD 582,
Federation of Pakistan v. Haji Muhammad Sadiq PLD 2007 SC 133,
Mst. Sughran Bibi v. The State PLD 2018 SC 595,
Syed Mukhtar Hussain Shah v. Mst. Saba Imtiaz PLD 2011 SC 260,
Munir Hussain Bhatti v. Federation of Pakistan PLD 2011 SC 407,
PTA v. PTCL 2016 SCMR 69,
Mehreen Zainbun Nisa v. Land Commissioner PLD 1975 SC 397,
Multiline Associates v. Ardeshir Cowasjee PLD 1995 SC 423,
Elahi Cotton Ltd. v. Federation of Pakistan PLD 1997 SC 582,
Syed Aizad Hussain v. Motor Registration Authority PLD 2010 SC 983,
Tariq Nawaz v. Government of Pakistan 2000 SCMR 1956,
Smt. Soodamani Dorai v. The Joint Director of Enforcement (W.Ps. Nos.8383 and 8384 of 2013),
Upendra Rai v. Central Bureau of Investigation (W. P. (CRL.) 1923/2020),
P. Chidambaram v. Directorate of Enforcement (2019) 9 SCC 24,
Muhammad Abbasi v. SHO Bhara Kahu PLD 2010 SC 969,
Col. Shah Sadiq v. Muhammad Ashiq 2006 SCMR 276,
Rana Shahid Ahmad Khan v. Tanveer Ahmed 2011 SCMR 1937,
D.G. FIA v. Kamran Iqbal 2016 SCMR 447,
Miraj Khan v. Gul Ahmed 2000 SCMR 122,
A. Habib Ahmad v. M.K.G. Scott Christian PLD 1992 SC 353,
Muhammad Mansha v. SHO P.S. City, Chiniot, District Jhang PLD 2006 SC 598,
Dr. Ghulam Mustafa v. The State 2008 SCMR 76
|
| Laws Involved |
Anti Money Laundering Act, 2010,
Penal Code (XLV of 1860),
Prevention of Corruption Act, 1947,
Constitution of Pakistan, 1973
|
| Sections |
4,
9,
420,
464,
468,
471,
473,
5(2),
199
|