PHC allows FIA to probe ‘embezzlement’ of Fata funds

PESHAWAR: The Peshawar High Court (PHC) has allowed the Federal Investigation Agency (FIA) to probe alleged misappropriation and embezzlement in funds by the political authorities.
Recently, a PHC division bench headed by Justice Mussarat Hilali maintained the decision of Special Judge (Central) Anti-Corruption and Immigration Khyber Pakhtunkhwa, in which the subordinate court had allowed the FIA to probe the misappropriation and embezzlement in funds in the tribal agencies.
As per the high court decision, whose copy is available with The News, the high court allowed FIA to probe the misappropriation of funds in Fata by dismissing the writ petition filed by the additional chief secretary Fata against the order of the Special Judge (Central) Anti-Corruption and Immigration, which allowed the FIA to continue probe in the funds.
In the appeal, Ghani Gul Mehsud, chairman of People’s Accountability Forum Fata, had also become party. He requested the court to dismiss the appeal as the FIA was doing a right job to probe the misappropriation of funds in Fata.
However, the high court maintained the order of the subordinate court for non-prosecution as no-one from the appellant side appeared in the case despite repeated notices.
As per the order of the Special Judge (Central) Anti-Corruption and Immigration Khyber Pakhtunkhwa, headed by Syed Yahya Zahid Gilani, FIA inspector Shahid Ilyas is conducting an enquiry into the utilisation of Rs850 million under the head (establishment) of local Lashkar/peace committee and re-establishment of the political administration offices of South Waziristan.
“Due to information of apprehension that this huge sum has been dishonestly misappropriated by the civil servants/officials of Fata Secretariat, Peshawar by abusing their official position as civil/public servants,” the order stated. It was further added that the inspector requisitioned complete record from respondent Dr Tashfeen Khan, the former ACS Fata Secretariat but in vain. He served notice on him under section 94 Criminal Procedure Code (CrPC), but the complete record was still not provided. The court stated that now the inspector had instituted a complaint in this court against the respondent and the court issued a notice to him to appear.
“In response, the respondent put appearance through his counsel, Iqbal Ahmad Durrani, who submitted written reply to the notice objecting to jurisdiction of FIA into investigation in the matter and the jurisdiction of this court on taking cognizance of the issue,” the order stated.
It was stated that pro and contra arguments of Ayazul Haq, prosecutor for the state and Iqbal Ahmad Durrani have been heard.
It said that counsel for the ACS Fata diverted attention of the court towards Article 246 of the Constitution and submitted that the tribal areas have been defined in it.
He argued that Article 247 (7) barred the jurisdiction of all courts relating to the issues of the tribal areas. He argued that the FIA Act had not been extended to the Fata.
He concluded that the FIA cannot initiate any enquiry and this court cannot take cognizance of any matter relating to the tribal areas. He requested that the notice may be withdrawn and the complaint dismissed.
Conversely, FIA’s deputy director law supported the enquiry proceedings as well as institution of complaint in this court on the ground that the alleged offence which is required to be inquired and investigated in public interest took place in the settled area because the Fata Secretariat was working in the limits of Peshawar.
Keeping in view provisions of procedural law, the court stated that public funds were utilised at tribal area, the result in the shape of embezzlement/misappropriation has allegedly ensued in the office of the respondent, working in the territorial jurisdiction of this court as well as the FIA.
Therefore, under Section 179 Cr PC both the FIA and this court do have jurisdiction in the matter.