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2021 MLD 1330

Shereen Zada vs Director FIA, Zonal and 2 others

Citation2021 MLD 1330
CourtPeshawar High Court
Case No.Writ Petition No.376 of 2021
Date2021-02-04
Judge(s)Ijaz Anwar, Muhammad Nasir Mehfooz
ResultOrder accordingly

IJAZ ANW AR, J.---- The instant writ petition has been filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 with the following prayer: "It is, therefore, most humbly prayed that on acceptance of this writ petition: i. The impugned office notices dated 28.12.2020 and 04.1.2020 (and any inquiry if pending) may be declared as illegal, without jurisdiction, without lawful authority , arbitrary , one sided, based upon mala fide and liable to be struck down. ii. The respondents may please be directed not to torture, harass, arrest the petitioner illegally , malafidely and without affording opportunity of defense (oral/documentary) as per relevant rules and law . iii. Any other relief, which is legal and proper in the circumstances not specifically prayed for may also be granted."

2. In essence, the grievance of the petitioner is that the respondents, in wake of a fabricated inquiry have issued him call up notice (s), harassing him and are bent upon his arrest.

3. Arguments of learned counsel for petitioner heard Record perused.

4. The main concern of the petitioner is that the respondent FIA issued the impugned notices for appearance in an inquiry , however , the notices were purposely communicated late with the only aim to harass and humiliate him.

5. On query from the respondents, learned DAG stated that presently , the case is under inquiry and the petitioner is issued simple notice to answer such questions as may be put to him relevant for the purpose of inquiry No. 1029/2020 dated 16.11.2020. When such being the case and neither there is any coercive order or warrant, we do not think the petitioner is in any manner be considered aggrieved of the same.

6. When confronted with this situation, learned counsel for petitioner frankly conce ded that the petitioner is not shy from appearance before the Inquiry Officer provided he is well informed regarding the date of appearance and is dealt with in accordance with law .

7. In view of the above, we are of the view that this Court is not supposed to interfere with the process of inquiry wherein the main aim is to dig out the truth and to fix .responsibility upon the delinquent and thereafter to register a case, if made out. As such this petition is disposed of with direction to the petitioner to associate with the inquiry .

Similarly , the respondents are also directe d not to keep the inquiries pending rather to proceed with it expeditiously so that the impression that the FIA inquiries are kept pending for the purpose of humiliation is repelled.

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