1. ' Through these proceedings, petitioner seeks follows reliefs:-- "i) Cancel the FIA notices dated 1.7.2013 (wrongly dated 1.6.2013) and 2.7.2013 to the respondents Nos.4 and 3 respectively and declare that the said notices, insofar as they relate to the petitioner's accounts enumerated in paragraph 7 of the petition, are illegal, without lawful authority and void ab initio; ii) Restrain the respondents from restricting, inhibiting or interfering with the petitioner's free use and enjoyment of his bank accounts; iii) Restrain the respondent No,2 from taking any other coercive action against the petitioner; iv) Grant costs of the petition; v) Pass such other/further order as this Hon'ble Court may deem appropriate in the circumstances."
2. ' From the pleadings it appears that FIA after inquiry in regard to illegal purchase of land by EOBI Management at exorbitant rates from Mst. Mighat Mirza and Mst. Maham Mirza registered FIR No,11/2013 and issued vide notice dated 1.7.2013 (wrongly dated 1.6.2013) and dated 2.7.2013, under Section 5 of the FIA Act, 1974, to the Barclays Bank, PLC Dawood Center, MT Khan Road, Karachi, and Faysal Bank, Chundrigar Road, Karachi, inter-alia freezing Account No,0653551, jointly operated by the petitioner and his wife Mst. Maham Naguib.
3. ' At the .Outset, learned counsel for the petitioner contended that the account No,0653551 has no nexus with crime No,11/2013 and the FIA in terms of Section 5(5) of the FIA Act, 1974, could not issue such notice/direction.
4. ' Mr. Saeed A. Memon, learned Standing Counsel, assisted by the Investigating Officer, candidly conceded the above and after going through the record categorically stated that account No,0653551 was not subject matter of FIR No,11/2013, registered at FIA CBC, Police Station, Karachi.
5. ' We have heard the learned counsel for the petitioner, Standing Counsel and perused the record.
6. For brevity sake, subsections (1) and (5) to Section 5 of FIA Act, 1974, are reproduced hereunder:-- "5. Powers of the members of Agency.---(1) Subject to any order which the Federal Government may make in this behalf, the members of the Agency shall, for the purpose of an inquiry or investigation under this Act, have throughout Pakistan such powers, including powers relating to search, arrest of persons and seizure of property, and such duties, privileges and liabilities as the officers of a Provincial Police have in relation to the investigation of offences under the Code or any other law for the time being in force.
(5) If in the opinion of a member of the Agency conducting an investigation, any property which is the subject-matter of the investigation is likely to be removed, transferred or otherwise disposed of before an order of the appropriate authority for its seizure is obtained, such member may by order in writing direct the owner or any person who is, for the time being in possession thereof, not to remove, transfer or otherwise dispose of such property in any manner except with the previous permission of that member and such order shall be subject to any order made by the Court having jurisdiction in the matter."
7. ' Bare perusal Section 5(1) of the FIA Act, shows that members of the Agency (FIA), throughout Pakistan, have powers to search, make arrest of persons and seize property, and such duties, privileges and liabilities as the officers of a Provincial Police have in relation to. The investigation of offences. Subsection (5) to Section 5 is based on four ingredients: (i) property has some nexus with the investigation/alleged offence; (ii) if there is likelihood that the property is to be removed, transferred or otherwise disposed of before an order passed by appropriate authority for its seizure is obtained; (iii) by issuing an order in writing directing the owner or any person who is for the time being in possession thereof not to remove, transfer or otherwise dispose of such property in any manner; and (iv) the order shall be subject to any order made by the Court having jurisdiction in the matter. During course of hearing, I.O. Has placed on record copy of charge-sheet submitted in crime No,11/2013,, which does not reflect that Account No,0653551 has any nexus or relevance with the investigation of said FIR.
8. ' For the foreging reasons, we are clear in mind that the impugned notices insofar as Account No,0653551, jointly operated by the petitioner and his wife with Barclays Bank, Dawood Center, is void ab initio and without lawful authority. The petition stands allowed in above terms. However, FIA may initiate appropriate proceedings in respect of aforesaid account as per law.