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Petitioner: DR. SHER DIL BATRA AND 2 OTHERS VS Respondent: DIRECTOR, FEDERAL INVESTIGATION AGENCY, LAHORE AND 8 OTHERS
1997 P Cr
1997 P Cr. L J 677
[Lahore]
Before Ahmad Saeed Awan, J,
Dr. SHER DIL BATRA and 2 others---Petitioners
Versus
DIRECTOR, FEDERAL INVESTIGATION AGENCY, LAHORE and 8 others---Respondents
Writ Petition No. 114 of 1994, decided on 16th October, 1994. Federal Investigation
Agency Act, 1974 (Act VIII of 1975)---
----S. 3(1)---Constitution of Pakistan (1973), Art.199---Quashing of F.I.R.-- Question was, whether without holding any preliminary inquiry Federal Investigating Agency could register a case---Federal Investigation Agency Act 1974, had conferred the same powers, privileges and liabilities upon its officers as were conferred upon the Police Officers by Criminal Procedure Code--Embargo placed on the powers of inquiry and investigation by F.I.A. was that offence must be a scheduled offence ---F.I.A. was, thus, competent to register the case and was not bound to hold a preliminary inquiry before registration of the same---Constitutional petition was consequently dismissed being incompetent.
Brig. (Retd.) Imtiaz Ahmad v. Government of Pakistan through Secretary, Interior Division, Islamabad and 2 others 1994 SCMR 2142 rel.
Wiseman v. Borneman 1971 AC 297 ref.
Nemo for Petitioners.
Ch. Ijaz Ahmad, Dy. Attorney-General for Pakistan.
ORDER
The question begging determination in this case was whether without holding any preliminary inquiry the Federal Investigating Agency can register a criminal case. The Federal Investigating Agency Act, 1974 has conferred the same powers, privileges and liabilities upon its officers as those conferred upon the police officers by the Criminal Procedure Code. There is no bar for the registration of a case by F.I.A. provided the offence is mentioned in the Schedule as required under section 3(1) of the Act. The only embargo placed on the powers of inquiry and investigation by the F.1.A. is that offence must be I enumerated in the schedule. The learned Judges of the Honourable Supreme Court of Pakistan in case Brig. (Retd.) Imtiaz Ahmad v. Government of Pakistan through Secretary, Interior Division, Islamabad and 2 others reported as 1994 SCMR 2142 relying upon a passage from Lord Reid's Speech in "Wiseman v. Borneman" 1971 AC 297, at 308 observed as under:
"Every public officer who has to decide whether to prosecute or raise proceedings ought first to decide whether there is a prima facie case, but no one supposes that justice requires that he should first seek the comments of the accused or the defendant on the material before him. So, there is nothing inherently unjust in reaching such a decision in the absence of the other party."
Respectfully following the law laid down in Brig. Imtiaz's case (supra), this petition is held to be incompetent with the result that the F.I.A. was competent to register a case and was not bound to hold a preliminary inquiry before registration of a case. Dismissed leaving the parties to bear their own costs.
N.H.Q./S-706/L Petition dismissed.