ASIF SAEED KHAN KHOSA, C.J.--- Respondents Nos. 1 and 2 were booked by the Federal Investigation Agency in two criminal cases, i.e. FIRs Nos. 44 and 45 of 2012 registered at Police Station FIA, Circle/Sub-Circle ACC, Peshawar on 06.12.2012 in respect of offences under sections 66, .66-A and 67 of the Copyright Ordinance, 1962 read with sections 486 and 109, P.P.C.. The allegation levelled against the respondents was regarding infringement of copyrights of the appellant, i.e. Oxford University Press, Peshawar . After submission of the Challan the respondents submitted applications before the Judicial Magistrate, Peshawar under section 249-A, Cr.P.C. seeking their premature acquittal but those applications were dismissed by the learne d Judicial Magistrate, revision petitions filed by the respondents in that regard before the Court of Session were also dismissed but subsequently petitions filed by the respondents before the High Court under section 561-A, Cr.P.C. were allowed by the High Court and the FIRs as well as the proceedings of the trial court were quashed. Hence, the present consolidated appeal by leave of this Court granted on 30.04.2019.
2. We have heard the learned counsel for the parties and have gone through the record of the case with their assistance.
3. According to the High Court no connection or nexus was shown to exist between the alleged violation of the copyright by the respondents and the affairs of the Federal Government and, thus, the Federal Investigation Agency had no jurisdiction to investigate the matter or to submit a report in that regard before the trial court. It has been admitted before us by all concerned that according to section 3 of the Federa l Investigation Agency Act, 1974 the Federal Investigation Agency has the competence and jurisdiction to inquire into and investigate all the offences specified in the Schedule to the said Act and according to Entry No. 26 of the Schedule to the said Act the Copyright Ordinance, 1962 is one such law the offences whereunder can be inquired into and investigated by the Federal Investigation Agency . The said Entry No. 26 in the Schedule to the said Act was inserted through S.R.O.
No. 321(1)/2005 on 16.04.2005. The said Schedule and the S.R.O. are still a valid part of the law and the said law had never been challenged by the respondents before any Constitutional forum or Court. Be that as it may the Schedule to the said Act or the S.R.O. through which the Entry regarding the Copyright Ordinance, 1962 was inserted in the Schedule to the Act have not, and could not be, struck down by the High Court while exercising its jurisdiction under section 561-A, Cr.P.C. which jurisdiction is restricted to matters of a court below only. It is, thus, evident that while passing the impugned judgment the High Court had travelled beyond its jurisdiction at a time when it was seized of a criminal matter brought before it under the Code of Criminal Procedure. In this view of the matter all the learned counsel appearing before this Court from all sides have agreed that the High Court could not have interfered with the legislation pertaining to the Federal Investigation Agency through exercise of its criminal jurisdiction and, thus, it would be in the fitness of things if the respondents were to approach the High Court with a writ petition launching a frontal attack on the Federal Investigation Agency Act, 1974 and the Schedule to the said Act if the respondents were minded to challenge the jurisdiction of the Federal Investigation Agency to investigate a matter like the one involved in the prese nt case. The learned counsel for the parties have also agreed that this appeal may be allowed and the impugned judgment passed by the High Court on 18.01.2018 may be set aside so that the respondents may file a writ petition before the High Court for the desired relief. We have found the consensus emerging between the learned counsel for the parties to be quite just and fair. This appeal is, therefore, allowed and the impugned judgment passed by the High Court on 18.01.2018 is set aside. The respondents may, if so advised, file a writ petition before the High Court challenging the Federal Investigation Agency Act, 1974 and the Schedule appended thereto on any constitutional and legal ground they want to agitate in that regard.