Law:

Section:

Constitution of Pakistan-------Arts. 187 & 190---Supreme Court Rules, 1980, O. XXXII, Rr. 1, 2 & O. XXXIII, R. 1---Civil Procedure Code (V of 1908), O.XXVI, R. 10---Judicial powers---Local commission, appointment of---Supreme Court showed concern about immigration into Pakistan, emigration from Pakistan, human trafficking and smuggling---Supreme Court, in exercise of judicial powers conferred under Arts. 187 & 190 of the Constitution, O.XXII, Rr. 1 & 2 read with O.XXXIII, R. 1 of Supreme Court Rules, 1980 coupled with the principles of Civil Procedure Code, 1908, including its O.XXVI, R. 10, constituted two commissions to ascertain the conditions of international borders and directed the two commissions to visit Pakistan's borders at Torkham and Chamman and to prepare comprehensive reports together with photographs, maps, etc. JUDGMENT JAWWAD S. KHAWAJA, C.J.---This case has been going on for some time since January 2015. We heard the matter at some length yesterday when we noticed that there was an alarming lack of diligence on the part of the Government in relation to immigration into Pakistan, emigration from Pakistan, human trafficking and smuggling. Although there are a number of statutes dealing with these matters, it became apparent that these statutes are mere words on paper as the same are not implemented. We, therefore, were constrained to call the Secretary Interior. This was done because the FIA stated that although they were responsible for the enforcements of three of the aforesaid laws while smuggling was in the domain of the Customs, the FIA did not have sufficient funds. The Secretary Interior appeared and gave us a few financial statistics. It was his opinion that there were sufficient financial resources available with FIA to enforce the laws within its domain as per the Federal Investigation Agency Act, 1974. However, as per the figures provided to us the total budget for FIA in the financial year 2014-2015 is 1.6 billion rupees, out of which 80 percent is spent on fixed sums by way of salaries, etc. and only 20 percent is available for all operating expenses, including a meager sum of about 1.6 million rupees as…

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