Law:

Section:

Federal Investigation Agency Act, 1974 (VIII of 1975)--- ----S. 5---Freezing of bank account---Principle---Federal Investigation Agency issued notice to Bank to freeze account of petitioner---Plea raised by petitioner was that he or his account had no nexus with investigation of any criminal case---Validity---Copy of charge sheet submitted by investigating officer did not reflect account in question having any nexus or relevance with investigation of F.I.R. in question---Notice issued by Federal Investigation Agency regarding account of petitioner was void ab initio and without lawful authority---Constitutional petition was allowed in circumstances. THIS ORDER PASSED BY: AHMED ALI M. SHAIKH:---.--- Through these proceedings, petitioner seeks follows reliefs:-- "i) Cancel the FIA notices dated 1.7.2013 (wrongly dated 1.6.2013) and 2.7.2013 to the respondents Nos.4 and 3 respectively and declare that the said notices, insofar as they relate to the petitioner's accounts enumerated in paragraph 7 of the petition, are illegal, without lawful authority and void ab initio; ii) Restrain the respondents from restricting, inhibiting or interfering with the petitioner's free use and enjoyment of his bank accounts; iii) Restrain the respondent No.2 from taking any other coercive action against the petitioner; iv) Grant costs of the petition; v) Pass such other/further order as this Hon'ble Court may deem appropriate in the circumstances." From the pleadings it appears that FIA after inquiry in regard to illegal purchase of land by EOBI Management at exorbitant rates from Mst. Mighat Mirza and Mst. Maham Mirza registered FIR No.11/2013 and issued vide notice dated 1.7.2013 (wrongly dated 1.6.2013) and dated 2.7.2013, under Section 5 of the FIA Act, 1974, to the Barclays Bank, PLC Dawood Center, MT Khan Road, Karachi, and Faysal Bank, I.I. Chundrigar Road, Karachi, inter-alia freezing Account No.0653551, jointly operated by the petitioner and his wife Mst. Maham Naguib. At the outset, learned counsel for the petitioner contended that the account No.0653551 has no nexus with crime No.11/2013 and the FIA in terms of Section 5(5) of the FIA Act, 1974, could not issue such…

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