| Citation(s) |
|---|
| 2026 SLG 1385 2026 SLD 1385 = 2026 PLD 63 |
Islamabad High Court
I.C.A. No. 362 in W.P. No. 2883 of 2025 and I.C.Hs. Nos. 359, 360 and 361 of 2025, decided on 28th October, 2025.
Presented By: Before Arbab Muhammad Tahir and Inaam Ameen Minhas, JJ
Barrister Abdul Qadeer, (in I.C.A. No. 362 of 2025), Barrister Abdul Ahad Khokher, (in I.C.A. No. 360 of 2025), Muhammad Fiaz Kandwal, (in I.C.A. No. 359 of 2025), Barrister Mian Ali Ashfaq, (in I.C.A. No. 361 of 2025) for Appellants. Asif Jadoon, A.A.G. and Wasi Ullah Khan for BoP for
Respondent. Date of hearing: 15th October, 2025.
I.C.A. No. 362 in W.P. No. 2883 of 2025 and I.C.Hs. Nos. 359, 360 and 361 of 2025, decided on 28th October, 2025.
Presented By: Before Arbab Muhammad Tahir and Inaam Ameen Minhas, JJ
Barrister Abdul Qadeer, (in I.C.A. No. 362 of 2025), Barrister Abdul Ahad Khokher, (in I.C.A. No. 360 of 2025), Muhammad Fiaz Kandwal, (in I.C.A. No. 359 of 2025), Barrister Mian Ali Ashfaq, (in I.C.A. No. 361 of 2025) for Appellants. Asif Jadoon, A.A.G. and Wasi Ullah Khan for BoP for
Respondent. Date of hearing: 15th October, 2025.
MUHAMMAD UZAIR ANWAR and 2 others ---Appellants
VERSUS
FEDERATION OF PAKISTAN through Secretary, Ministry of Interior, Islamabad and others ---Respondents
Law: Prevention of Electronic Crimes Act, 2016
Section: 29
Prevention of Electronic Crimes Act (XL of 2016)--- ----S. 29---Federal Investigation Agency Act, 1974 (VIII of 1975), S.5--National Cyber Crime Investigation Agency (NCCIA)---Jurisdiction---Provisions of Federal Investigation Agency Act, 1974---Applicability---NCCIA is an independent body and no more a subordinate office of Federal Investigation Agency and has thus stripped of the powers under S. 5(5) of Federal Investigation Agency Act, 1974---NCCIA derives its existence and authority from Prevention of Electronic Crimes Act, 2016---NCCIA can exercise only those powers, which are delegated to it by the Majlis-e-Shoora (Parliament) through Prevention of Electronic Crimes Act, 2016. Prevention of Electronic Crimes Act (XL of 2016)--- ----S. 29---Federal Investigation Agency Act, 1974 (VIII of 1975), S.5 (5)--Constitution of Pakistan, Art. 19---Freezing of assets---National Cyber Crime Investigation Agency (NCCIA)---Jurisdiction---Appellants / accused persons were aggrieved of blocking of their bank accounts during inquiry proceedings initiated by NCCIA on the basis of its own source report---Validity---Source report did not bifurcate roles of each appellant / accused in the commission of alleged offences, if any---Detailed inquiry was required to be conducted by associating appellants / accused persons in the process, disclosing allegations on the basis whereof NCCIA initiated criminal proceedings under Prevention of Electronic Crimes Act, 2016---NCCIA proceeded in haste and directly approached concerned banks for freezing of bank accounts of appellants / accused persons, which could affect their rights to property, livelihood and life guaranteed under the Constitution---Nature of allegations required detailed probe and it was for Trial Court, if a criminal case was subsequently filed, to strike a balance between right of appellants / accused persons protected Art. 19 of the Constitution and the provisions of Prevention of Electronic Crimes Act, 2016--Division Bench of High Court set aside the order passed by NCCIA whereby bank accounts of appellants / accused persons were blocked on the basis of its own source report, as the orders were…