RAJA SAEED AKRAM KHAN, J.--- This writ petition has been filed for the quashment of F.I.R. No,747 dated 16-12-2005 registered at Police Station Airport FIA Emigration Islamabad under sections 18 & 22 of the Emigration Ordinance, 1979.
2. Brief facts, forming background of this writ petition, are that the petitioner is a British Citizen of Pakistan Origin and is a renowned businessman of Coventry, England. He is also Chief Executive of a firm known as Allied Fort Insurance Group (Pvt.) Ltd. In September, 2003 the petitioner came to Islamabad at the invitation of Government of Pakistan for the purpose of investment. On 30-12-003, the petitioner set up a beverage plant in Islamabad known as `Qibla Cola Company (Pvt.) Ltd.' The total cost of the project was approximately one million pounds sterling, equivalent to Pak Rs,11,50,000,00. He visited Pakistan during the past three years on 33 separate occasions. Two other British citizens of Pakistan Origin viz. Muhammad Shafaq and Zulfiqar Ali were also joined by the petitioner as partners in Qibla Cola. Mr. Zulfiqar Ali sent a general power of attorney in favour of respondent No,7 viz. Raja Ashraf, to act on his behalf in the company. In June, 2004 respondent No,7 (unknown to the petitioner) hatched a sinister plan to eliminate the petitioner in order to take over the project. To achieve the object, the respondent No,7, with connivance of F.I.A. Authorities, managed to register the impugned F.I.R. The allegations, in brief, levelled in the F.I.R. Were that the petitioner fraudulently induced respondent No,6 viz. Arshad Iqbal to emigrate to London for the purpose of securing employment and thereby received Rs,10,000,00, in May, 2003 at the Qibla Cola Factory, 1-9 Islamabad, whereas, in fact there was no Qibla Cola Company in May, 2003. Actually the Qibla Cola Company was incorporated on 30-12-2003 and came into being in April, 2004. In May, 2006' the petitioner was in England, where he learnt about the registration of F.I.R. Against him and he immediately contacted respondent No,7, who assured him to take the matter lightly and that the F.I.R. Would be cancelled, provided he comes to Pakistan. He came to Pakistan on 11-9- 2006. He was accompanied by his partner Johan Muhammad Gul. Respondent No,7, who was aware about date & time of petitioner's arrival. When the petitioner came out of the International Airport Islamabad, a number of people were with respondent No,7, including two persons (in civilian dress) who claimed to be the F.I.A. Personnels. The petitioner was dragged by his hair. He was punched, kicked and severely beaten. Some Police Personnel came to inquire, but FIA personnel showed them some papers and said that the petitioner was an American terrorist. The petitioner was handcuffed and taken to some F.I.A. Cell in Rawalpindi. The F.I.A. Personnels told the petitioner that he had been arrested for being an American terrorist. In evening, one Zubair Hashmi, who is S.S.P, at the President House intervened personally for the petitioner's release. At 7.00 PM the petitioner was released, but his British Passport was kept by the FIA. The petitioner was illegally dispossessed of his Qibla Cola Company and this was the main object behind all this.
3. Learned counsel for the petitioner has argued that the F.I.R. Was falsely got registered just to deprive the petitioner from his factory. He is a person, who came to Pakistan for investment and such treatment was given to him, which is against fundamental rights, those guaranteed by Constitution of Islamic Republic of Pakistan. He further adds that registration of the above mentioned case was managed with mala fide intention and ulterior motive just to grab his factory.
He further submits that no person under Article 9 of the Constitution, can be deprived of liberty save in accordance with law, which has been violated by registration of false F.I.R. Even ground of arrest was not informed at the time of arrest. The FIA Authorities violated dignity of petitioner as he was punched, kicked and dragged in a public place. He further contends that the petitioner was released subsequently by depriving from his British Passport. These acts of the FIA are punishable, which have not left good impact on Civilized Society.
4. During the course of hearing of this writ petition, on 29-4-2008 learned counsel for the petitioner had placed on record a copy of memo dated 28-9-2006, signed by Ch. Mushtaq Ahmed, Assistant Director, FIA, Passport Circle, Rawalpindi, in which it is mentioned that case F.I.R. No,747/2005 has been closed and the petitioner is no more required for further investigation. For the verification of said memo/document, some responsible Officer of FIA was asked to appear before this Court.
5. In response of said direction, one Muhammad Aslam Inspector FIA, appeared before the Court on 5-5-2008 and confirmed the position that case of the petitioner has been closed and in this regard cancellation report has already been submitted before the Competent Court. He was asked to produce the copy of relevant order of the Court.
6. Today i,e, 27-5-2008, learned Federal Counsel along with Muhammad Aslam Inspector FIA has produced the copy of order dated 3-5-2008, regarding cancellation of F.I.R.
7. On this, learned counsel for the petitioner has submitted that this is a case of high-headedness, in which FIA Authorities exceeded from their authority and misused the same. He requests for imposition of heavy costs upon the FIA authorities, who are responsible of this act.
8. On the other hand, learned Federal Counsel has submitted that liabilityl is yet to be determined, therefore imposition of costs upon the persons will not be justified, however, he frankly conceded that an inquiry should be conducted and the persons, who are responsible, should be brought in picture.
9. After hearing this case, I feel no hesitation to observe that the person, who invested huge money and established beverage factory in Pakistan could not indulge in such like activities, for which he had been booked. From the facts and circumstances of the case, it seems that all this has been done to grab his factory/property and to achieve this purpose, the FIA authorities have fully supported/facilitated the person, involved in it. The act of FIA personnel cannot be appreciated and approved by this Court, who have acted abhorrently. The Constitution of Pakistan, guarantees inalienable rights of life, property, reputation and to be protected by law and not to be prevented from doing which is not prohibited by law. The FIA personnels have failed to act in good faith in this case, instead they acted malafidely, which is apparent from the facts of the case. The Department should get rid from such Officers/Officials, who are earning bad name for the country/department.
10. As the case against the petitioner has already been cancelled by the competent Court, therefore, this petition has borne fruit.
11. However, DG FIA, Islamabad is directed to look into the conduct of FIA personnels in this case personally and hold a full fledge inquiry to fix responsibility on delinquent Officers/Officials, for such mishandling with citizens of Pakistan. After inquiry, if he comes to the conclusion that they have acted malafidely and transgressed their authorities prescribed under the law, a case be registered against them, under the relevant provisions. He may also consider departmental action against the delinquent FIA personnels.
12. The DG FIA, Islamabad is directed to submit his report within 2-months from today, before this Court through Addl. Registrar-II(Judl.) of this Court.
13. Office is directed to send a copy of this order to DG FIA, Islamabad immediately.
14. The petitioner is also at liberty to move to the proper Court for institution of suit for damages.
15. In view of above situation, this writ petition is disposed of accordingly.