SHC orders probe against FIA officials for shutting accounts of people

The constitutional bench of Sindh High Court has expressed severe disapproval over freezing of citizens’ bank and mobile accounts by Federal Investigation Agency (FIA) and ordered inquiry into the conduct of the officers concerned.

The court directed the Director General FIA to launch an investigation against the officials involved in blocking the bank and mobile accounts of the citizens. It ruled that the probe should be concluded within a period of 3 months and that the officers concerned should not be given any operational responsibility throughout the term of investigation.

Justice Adnan-ul-Karim Memon said that the fundamental rights of the citizens cannot be reduced on the basis of an inquiry. The court said if there is no direction to block the passports and accounts of the petitioners, the facilities shall be restored forthwith.

The counsel for the petitioners said the FIA had blocked the petitioners’ passports, national identity cards, bank accounts and mobile accounts without any prior warning. The lawyer said that the limits had resulted in substantial losses to the petitioners’ businesses and said that the petitioners had already been cleared by a court in the underlying criminal matter.

“The proceedings under the Anti-Money Laundering Act are of a separate nature from the main criminal case,” the government lawyer told the court. He said that such proceedings did not necessarily end with the acquittal of an accused person.

The court said investigations under anti-money laundering rules might go ahead but any action impacting the fundamental rights of persons must be taken transparently and with due process. It said that a citizen’s passport or financial transactions cannot be subjected to indefinite interference on the basis of an investigation alone.

“The bench also noted that the FIA’s letters to the banks were used as a basis to block accounts even though there was no order of any competent court or authority directing the freezing of accounts. The court said powers under the Anti-Money Laundering Act can be utilised only with adequate legal authority.

The judgement said that exerting such powers without legal sanction would be misuse of authority. The court instructed the DG FIA to probe the conduct of the subordinate officers and start departmental proceedings if evidence of misuse of powers or mala fide intent was revealed.

The high court further cautioned that in case a similar incident comes before the court in the future, contempt of court procedures may be filed against the people responsible.