| Citation(s) |
|---|
| 2026 SLG 289 2026 SLD 289 = 2026 PLD 29 |
Sindh High Court
Constitution Petition No. D-2681 of 2025, decided on 31st July, 2025.
Presented By: Before Muhammad Faisal Kamal Alam and Muhammad Hasan (Akber), JJ
Mirza Moiz Baig for Petitioner. Ms. Alizeh Bashir, Deputy Attorney General Federation of Pakistan. Mukesh Kumar Talreja for
Respondent No.4. Umair Nabi and Furqan Ansari for
Respondent No. 5. Faiz Durrani for
Respondent No.7. Umair Shah, Inspector FIA, CBC, Karachi.
Constitution Petition No. D-2681 of 2025, decided on 31st July, 2025.
Presented By: Before Muhammad Faisal Kamal Alam and Muhammad Hasan (Akber), JJ
Mirza Moiz Baig for Petitioner. Ms. Alizeh Bashir, Deputy Attorney General Federation of Pakistan. Mukesh Kumar Talreja for
Respondent No.4. Umair Nabi and Furqan Ansari for
Respondent No. 5. Faiz Durrani for
Respondent No.7. Umair Shah, Inspector FIA, CBC, Karachi.
RAYAN TECHNOLOGY PRIVATE LIMITED through authorized representative---Petitioner
VERSUS
FEDERATION OF PAKISTAN through Secretary, Ministry of Interior and 6 others---Respondents
Law: Federal Investigation Agency Act, 1975
Section: VIII,5(5)
Law: General Clauses Act, 1897
Section: X,24A
Law: Constitution of Pakistan, 1973
Section: 199
(a) Federal Investigation Agency Act, 1974 (VIII of 1975)--- ----S.5(5)---General Clauses Act (X of 1897), S.24-A---Debit-blocking/ freezing of bank accounts by FIA---Directions to debit-block bank accounts issued on the same day as receipt of the complaint---No investigation/inquiry initiated prior to freezing the bank accounts---Legality---Powers of authority to freeze bank accounts--Scope---Procedure enunciated---Brief facts were that the petitioner company entered into a Robotic Process Automation Agreement with Habib Bank Limited (HBL) in July 2024, which was effective until 30.06.2025 with automatic renewal for two years---On 05.06.2025, when the agreement was nearing expiry, HBL lodged a complaint before the Federal Investigation Agency (FIA) against the petitioner company, and on the same day, FIA issued a notice under S. 5 of the FIA Act, 1974, directing various banks to block the petitioner company s bank accounts---The petitioner company challenged the said notice before the High Court under Constitutional jurisdiction asserting that the FIA s action lacked lawful authority as it was issued without forming a written opinion or obtaining an order from the competent authority, as required under S. 5(5) of the FIA Act, 1974--Held: Firstly, from perusal of the complaint, no allegation of Rs.1.324 Billion was spelled out therein---Secondly, the last page of the complaint reflected that the complaint was marked to S.I. Zohra for verification on the same day i.e. 05.06.2025, whereas on the same day, the impugned letter for debit-block of the bank accounts of the petitioner company was issued---No record had been filed in court to establish that based upon which material and opinion or as to when, the said complaint was converted into inquiry on 05.06.2025---While issuing directions to debit-block the bank accounts of the petitioner on the same day of receipt of the complaint dated 05.06.2025, the power under S. 5 of the Act had been used in haste, without any caution or restrain, and without forming an opinion in writing--Moreover, while taking such action, the respondent No.1 also did not establish that sufficient time was not available…