| Case ID |
7502ba65-3867-45ba-b9b9-bcd7738dedcc |
| Body |
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| Case Number |
Writ Petition No.297 of 1998 |
| Decision Date |
Jul 20, 1998 |
| Hearing Date |
Jul 16, 1998 |
| Decision |
The court accepted the writ petition and declared the notice issued under section 5(5) of the Federal Investigation Agency Act, 1975, by Inspector F.I.A. State Bank Circle Karachi as void, unlawful, and without jurisdiction. The court held that the Federal Investigation Agency had no territorial jurisdiction in the Provincially Administered Tribal Areas of North-West Frontier Province and that the notice could not be justified based on an investigation from a case registered in Karachi. The decision emphasized the importance of jurisdictional limits and the proper legal processes that must be followed in criminal investigations. |
| Summary |
The case revolves around a constitutional petition challenging the freezing of bank accounts of the accused, Mian Hissamuddin, due to allegations of corruption under sections 409 and 420 of the Pakistan Penal Code, along with section 5(2) of the Prevention of Corruption Act. The petitioner, Muhammad Ihsan, contended that the Federal Investigation Agency (FIA) lacked jurisdiction to freeze the accounts located in the Provincially Administered Tribal Areas of North-West Frontier Province, as per Article 247(3) of the Constitution of Pakistan. The court found that the FIA's actions were beyond its jurisdiction and declared the notice void. This case highlights the critical intersection of administrative law and criminal justice, emphasizing jurisdictional authority in legal proceedings. The ruling reinforces the necessity for law enforcement agencies to operate within the boundaries set by law, particularly in sensitive areas governed by different legal frameworks. Overall, the case serves as a significant precedent in matters concerning jurisdiction and the rights of individuals under investigation. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
Sardar Muhammad Raza Khan,
Mian Shakirullah Jan
|
| Lawyers |
Qazi M. Jamil,
Shahzad Akbar Khan,
Qaisar Rashid
|
| Petitioners |
Muhammad Ihsan
|
| Respondents |
Government of Pakistan through Federal Investigation Agency,
5 Others
|
| Citations |
1999 SLD 200,
1999 MLD 1145
|
| Other Citations |
Not available
|
| Laws Involved |
Pakistan Penal Code, 1860,
Prevention of Corruption Act, 1947,
Federal Investigation Agency Act, 1975,
Constitution of Pakistan (1973)
|
| Sections |
409,
420,
109,
5(2),
5(5),
199,
247(3)
|