Sindh High Court Orders Inquiry into FIA Officers
The Sindh High Court has ordered an inquiry into Federal Investigation Agency (FIA) officers who blocked citizens’ bank and mobile accounts without legal authorization. The court directed restoration of these facilities where no valid orders exist.
Justice Adnan-ul-Karim Memon emphasized that citizens’ fundamental rights cannot be curtailed on the basis of an inquiry alone. He ruled that if no legal order exists for blocking passports or accounts, they should be restored immediately.
Petitioners argued that FIA blocked their passports, national identity cards, bank accounts and mobile accounts without prior notice, causing serious losses to their businesses. They pointed out that they had already been acquitted in the underlying criminal case.
The government lawyer informed the court that proceedings under the Anti-Money Laundering Act are separate from the main criminal case and may continue even after an accused person’s acquittal. He argued that such proceedings do not automatically come to an end upon acquittal.
The court observed that investigations under anti-money laundering laws may continue, but any action affecting citizens’ fundamental rights must be carried out transparently and in accordance with due process. It noted that no citizen’s passport or financial activities can be interfered with indefinitely on the basis of an inquiry alone.
The bench also stated that letters issued by FIA to banks had been used as a basis for blocking accounts despite the absence of any order from a competent court or authorized authority directing the freezing of accounts. Powers under the Anti-Money Laundering Act can only be exercised with proper legal authorization.
The judgment emphasized that exercising such powers without legal approval would amount to misuse of authority. The court directed the DG FIA to review the conduct of subordinate officers and initiate departmental proceedings if evidence of misuse of powers or mala fide intent is found. It also warned that contempt of court proceedings may be initiated against those responsible in future similar matters.