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FIA has illegally become 'super police': LHC

Recorder Report

Lahore: Mr Justice Ehsanul Haq Chaudhry of the Lahore High Court on Monday observed that FIA has wrongly and illegally become a 'super-police', but it has no power to search and seize the articles in Customs cases without complying with the provisions of Sections 162&163 of the FIA Act, 1969.

The Court accepted the petition filed by one Haji Jalal and declared the raid conducted by the respondent FIA officials, seizure of petitioner's godown and all actions taken in this regard as illegal and without jurisdiction and of no legal effect.

The Court observed that it was not possible to permit any agency to assume the role of Gestapo. It cannot be allowed to become a symbol of terror in the country and to trample the citizens' rights guaranteed by the Constitution.

"The patience of the people has been exhausted, and now any official over-stepping his jurisdiction and authority has to suffer serious consequences in the form of disciplinary proceedings, criminal action and suit for damages," the court said.

The Court also observed that "it is clear from sub-section (1) supra that the FIA, for purpose of inquiry and investigation under the FIA Act, 1974, has same powers regarding search, arrest of a person and seizure of property as officers of provincial police have in relation to the investigation of offences under Cr PC or any other law for the time being in force. The only difference is that this power is available to FIA throughout Pakistan."

FIA wrongly, illegally and without legal basis has become a 'super police', and in the past responsible for serious violation of the citizens' rights, including fundamental rights. It is made clear that the FIA does not possess any extraordinary powers, the Court added.