| Citation(s) |
|---|
| 2016 SLG 2381 2016 SLD 2381 2016 PLD 462 |
Sindh High Court
Constitutional Petitions Nos. D-446 of 2016, D-8034, D-7999of 2015 and D-405, D-406 of 2016, decided on 15th April,2016. Date of hearing: 30th March, 2016.
AHMED ALI M. SHAIKH AND MOHAMMED KARIM KHAN AGHA, JUSTICEJ
Shahab Sarki for Petitioner (in C.P.No. D-446 of 2016).Abdul Sattar Pirzada and Umair Qazi for Petitioner (in C.P.No. D-405 of 2016).Samir Ghazanfar for Petitioner (in C.P.No. D-7999 of 2015).Zahid F. Ibrahim for Petitioners (in C.P.Nos. 406 of 2016
Constitutional Petitions Nos. D-446 of 2016, D-8034, D-7999of 2015 and D-405, D-406 of 2016, decided on 15th April,2016. Date of hearing: 30th March, 2016.
AHMED ALI M. SHAIKH AND MOHAMMED KARIM KHAN AGHA, JUSTICEJ
Shahab Sarki for Petitioner (in C.P.No. D-446 of 2016).Abdul Sattar Pirzada and Umair Qazi for Petitioner (in C.P.No. D-405 of 2016).Samir Ghazanfar for Petitioner (in C.P.No. D-7999 of 2015).Zahid F. Ibrahim for Petitioners (in C.P.Nos. 406 of 2016
MISBAH KARIM AND othersVSFEDERATION OF PAKISTAN THROUGH SECRETARY AND others
Law:
Section:
(a) Anti-Money Laundering Act (VII of 2010)--------- ----------S. 3---------Money laundering by private individual---------Investigation---------Scope---------Federal Investigation Agency can investigate cases of money laundering by private individuals under money Laundering Act, 2010. (b) Administration of justice--------- ----------Both civil and criminal proceedings can run in parallel. (c) Anti-Money Laundering Act (VII of 2010)--------- ----------Ss. 3, 6, 7(2), 12 & 25---------Criminal Procedure Code (V of 1898), S.94---------Bank record, seeking of---------Financial Monitoring Unit---------Role---------Sessions Judge granted permission to Federal Investigation Agency seeking copies of Bank record during the inquiry against money laundering---------Contention of petitioners was that permission under S.94, Cr.P.C., could not be granted at inquiry stage and that no inquiry on allegation of money laundering could be initiated without any information provided by Financial Monitoring Unit---------Validity---------Federal Investigation Agency in investigating the cases of money laundering could on its own motion based on reliable/credible information open its own investigation into money laundering under Anti-Money Laundering Act, 2010 independently of the Financial Monitoring Unit especially in cases where initial information was not based on banking transactions or on information from financial institutions---------No bar existed on Federal Investigation Agency making a similar application except using the word 'investigation' instead of 'inquiry'---------To strike down the order on such a technicality would tend to serve very little purpose except to further unnecessarily delay the investigation---------Sessions judge properly passed order in question and it did not require interference---------Federal Investigation Agency's inquiry was lawful and order passed by Sessions Judge was maintained---------Constitutional petition was dismissed in circumstances. Muhammad Anwar v. Mst. Ilyas Begum PLD 2013 SC 255; Waqar Ahmed v. FIA and others W.P.3223P/13; Hamza Shabaz Sharif v. Federation of Pakistan 1999 PCr.LJ 1584; Muhammad Siddique v. State PLD 1983 FSC…