Case Details

Citation(s)
2019 SLG 430 2019 SLD 430 2019 CLC 347
Islamabad High Court
Writ Petition No. 1966 of 2017, decision Dated 19-10-2018.hearing Dated: 11-10-2018
MOHSIN AKHTAR KAYANI, JUSTICE
Petitioner(s) by: Raja Inaam Ameen Minhas
Respondent(s) by: Muhammad Haseeb Chaudhry, DAG and Mian Muhammad Faisal Irfan, AAG Riffat Hussain Malik for Interveners.

THROUGH PRESIDENTVSDIRECTOR GENERAL, FEDERAL INVESTIGATION AGENCY, ISLAMABAD AND OTHERS

Law: Cooperative Societies Act, 1925

Section: 54A,60,61,62,63

Law: Federal Investigation Agency Act, (VIII of 1974)

Section: 5

Co-operative Societies Act (VII of 1925)--- ----Ss. 54-A, 60, 61, 62 & 63---Federal Investigation Agency Act, 1974 (VIII of 1975), S.5---Special laws---Applicability---"Inquiry by Federal Investigation Agency" and "Registrar Cooperative Societies"---Distinction---Cooperative Housing Society was aggrieved of inquiry initiated by Federal Investigation Agency---Plea raised by Society was that affairs of Society were within exclusive jurisdiction of Registrar, Cooperative Societies and jurisdiction of Federal Investigation Agency was barred--- Validity--- Restriction was imposed under S. 63 of Co-operative Societies Act, 1925 only to the extent of offences mentioned in Ss. 60, 61 and 62 of Co-operative Societies Act, 1925--- Any offence committed by officer or member of Society which fell within cognizance of police, FIA, NAB, Anti-corruption department, etc., such member/officer could not take shelter of Co-operative Societies Act, 1925---All offences under Co-operative Societies Act, 1925 were limited in nature and could be determined by Registrar whereas, other offences referred in Schedule of the Federal Investigation Agency Act, 1974 at Serial Nos. 1 and 5 had provided exclusive jurisdiction of FIA---Two special laws were of different nature which did not exclude each other and were not in conflict with each other rather were supplementing every aspect of objectives laid down in Preamble of Co-operative Societies Act, 1925---Both laws contained different sets of jurisdiction in their powers and functions---FIA authorities could take benefit of inquiry as well as findings of Registrar Cooperative Societies for purpose of prosecution against any individual who was public servant or had committed any offence referred in Schedule of Federal Investigation Agency Act, 1974---High Court declined to interfere in the matter---Constitutional petition was dismissed in circumstances. Mubarik H. Siddiqu v. Sajjad Hassan Khan PLD 1992 Kar. 167; Muhammad Khalid v. NAB through Chief Administrator Multan and others 2017 SCMR 1340; Syed Mushahid Shah and others v. FIA 2017 SCMR 1218; Koh-E-Noor Industries Pvt. Ltd. v. Employees Old Age Benefit Institution 2016 PLC 107;…
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