Law:

Section:

Mushtaq Hussain Qazi for Petitioners Nos. 1 and 3. Amer Raza Naqvi for Petitioners Nos. 2 and 4. Kafeel Ahmed Abbasi, D.A.G. for Respondents Nos. 1 and 2. Sarfaraz Ali Metlo for Respondent No.3. Ghulam Asghar Pathan for Respondents Nos.4 and 5. JUDGEMENT: IRFAN SAADAT KHAN, J. The instant petition has been filed on the grounds that the complaint No.945/2020 dated 31.08.2020 and the proceedings emanating from it may be declared illegal and unlawful. Moreover, the jurisdiction of the respondent No.2 was also challenged in the instant petition. 2. Briefly stated the facts of the case are that the petitioner No.1 is a listed public limited company, duly registered with the Stock Exchange. The petitioners No.2, 3 and 4 are its directors. That a complaint bearing No.945/2020 dated 31.08.2020 (hereinafter referred to as “Complaint”) was filed under Sections 192, 192A and 203 of the Income Tax Ordinance, 2001 (hereinafter referred to as “Ordinance 2001”) read with Sections 3, 4, 8 20, 21, 22 of the Anti-Money Laundering Act, 2010 (hereinafter referred to as “AMLA”). Thereafter the respondent No.2 took cognizance of the said complaint in Case No. 192/2020 against the petitioners, under the above referred provisions of law. In the instant petition, the petitioners have not only challenged the said complaint and its proceedings but also the jurisdiction of the respondent No.2 in proceeding with the matter. That this Court vide order dated 22.10.2020 issued pre-admission notice to the respondents as well as to the DAG and has also directed the respondents not to take coercive action against the petitioners. The petitioners however were directed to cooperate with the prosecution and attend the trial court. 3. Mr. Mushtaq Hussain Qazi, Advocate has appeared on behalf of the petitioners No. 1 and 3 and stated that not only the complaint is illegal but the proceedings emanating therefrom are also illegal and unlawful. He stated that the respondent No.2 has no jurisdiction to proceed with the complaint in case No. 192 / 2020. While elaborating his view point, he has stated that the respondent No.2 has been given the authority by the FBR, through official gazette, to deal with…

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