| Citation(s) |
|---|
| 2025 SLG 4491 2025 SLD 4491 = 2025 SHC 1968 |
Constitution Petition No.D-2681 of 2025
MUHAMMAD HASAN (AKBER), J.
Petitioner: Rayan Technology Private Limited, through, Mirza Moiz Baig, Advocate
Respondents: Federation of Pakistan and others through, Ms. Alizeh Bashir, learned Deputy Attorney General.
Respondent No.4/HBL through Mr. Mukesh Kumar Talreja, Advocate.
Respondent No.5/Meezan Bank Limited through M/s. Umair Nabi and Furqan Ansari, Advocate.
Respondent No.7/United Bank Limited through Mr. Faiz Durrani, Advocate. Mr. Umair Shah, Inspector FIA, CBC, Karachi. Date of hearing: 28.07.2025 Date of hearing: 31.07.2025
BEFORE: MR. JUSTICE MUHAMMAD FAISAL KAMAL ALAM MR. JUSTICE MUHAMMAD HASAN (AKBER)
Law: Federal Investigation Agency Act, (VIII of 1974)
Section: 5(1), 5(5)
Law: General Clauses Act, 1897
Section: 24-A
Summary of the Case
The petitioner company challenged a notice issued by the Federal Investigation Agency (FIA) on 05.06.2025, which ordered the blocking of its bank accounts under Section 5 of the FIA Act, 1974.
The petitioner argued that FIA acted without jurisdiction and without initiating any proper investigation as required under Section 5(5) of the Act. The complaint by HBL was filed the same day the accounts were blocked — showing no urgency or written justification for such an action.
The Court reviewed earlier judgments, including Muhammad Muslim (PLD 1984 Karachi 71), Fazal Mahmood (PLD 1996 Karachi 475), Uzma Adil Khan (2023 CLD 599), Muhammad Sohail Shaikh (PLD 2021 Lahore 612), and Muhammad Bilal Nawaz (PLD 2024 Lahore 584), which consistently held that FIA’s powers under Section 5(5) are not absolute, must be used sparingly, and require a written opinion and justification before seizing or freezing any property.