| Case ID |
d686767e-f6da-43a5-a0ef-d103c8c5f2be |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No. 16446 of 2010 |
| Decision Date |
Oct 29, 2010 |
| Hearing Date |
Oct 29, 2010 |
| Decision |
The Lahore High Court held that the Federal Investigation Agency (FIA) lacked jurisdiction to investigate the petitioner company regarding the criminal breach of trust allegations. The court determined that the dispute between the parties was of a civil nature, arising from business dealings related to the sale and purchase of materials. The FIA's actions were deemed without lawful authority, leading to the acceptance of the petition and the declaration of the impugned notice and proceedings as invalid. |
| Summary |
In the case of Pakistan Engineering Company Ltd. vs. Director General, FIA Islamabad, the Lahore High Court addressed the jurisdiction of the FIA in relation to a dispute between two companies over the rejection of M.S. Angles. The petitioner company contested the legality of an inquiry notice issued by the FIA following a complaint from the respondent. The court found that the matter was purely civil in nature and did not involve any federal concerns necessary for FIA's jurisdiction. The decision emphasized the right to be treated in accordance with law, freedom of trade, and the importance of distinguishing between civil disputes and criminal investigations. Keywords include 'jurisdiction', 'civil nature', 'business dealings', and 'FIA authority'. |
| Court |
Lahore High Court
|
| Entities Involved |
Federal Investigation Agency,
PAKISTAN ENGINEERING COMPANY LTD.
|
| Judges |
SH. AHMAD FAROOQ, J
|
| Lawyers |
Muhammad Amjad Parvaiz,
|
| Petitioners |
PAKISTAN ENGINEERING COMPANY LTD.
|
| Respondents |
DIRECTOR GENERAL, F.I.A. ISLAMABAD,
Abdul Sami Qureshi,
Khalid Anees
|
| Citations |
2011 SLD 2080,
2011 YLR 337
|
| Other Citations |
Adam Jee Insurance Company Ltd. and others v. Assistant Director Economic Enquiry Wing Federal Investigating Agency 1989 PCr.LJ 1921,
Muhammad Irshad Khan v. Chairman, National Accountability Bureau and 2 others 2007 PCr.LJ 1957,
Chairman National Accountability Bureau and another v. Muhammad Irshad Khan 2008 SCMR 1012,
Ghulam Sarwar Zardari v. Piyar Ali alias Piyaro and another 2010 SCMR 624,
Iftikhar Hussain and others v. Government of Pakistan and others NLR 1996 AC 193,
Zafar Iqbal and 3 others v. Ghulam Abid and 2 others 1995 MLD 1285,
Dr. Syed Rehmat v. Deputy Director F.I.A. 1999 PCr.LJ 1549,
Printing Corporation of Pakistan v. Province of Sindh and others PLD 990 SC 452
|
| Laws Involved |
Penal Code,
Federal Investigation Agency Act,
Constitution of Pakistan
|
| Sections |
406,
VIII of 1974,
199,
4,
18
|