FIA barred from taking adverse action as PTI leaders move SHC against inquiry

The Sindh High Court on Friday restrained the Federal Investigation Agency from taking any adverse action against former governor and Pakistan Tehrik-e-Insaf leader Imran Ismail and another PTI MPA in foreign funding inquiry.

The interim order came during a hearing of a petition filed by PTI leader Imran Ismail and MPA Seema Zia in which they challenged the initiation of an FIA inquiry after the Election Commission of Pakistan’s order in the PTI foreign funding case.

The petitioners’ counsel submitted that the FIA’s impugned notices telling the petitioners to appear in respect of bank accounts operated by the PTI were issued after the ECP order. He said the ECP had not referred the matter to the FIA, and the notices issued by the FIA were therefore without jurisdiction and they aimed only to harass and humiliate the petitioners.

The counsel submitted that the FIA’s notices were issued with a mala fide intention as no law permits the FIA to even initiate an inquiry for an affair even if observed by the ECP as an unknown account though it was opened and operated by the petitioner and co-signatories for the election campaign purpose.

He said neither the ECP nor the federal government can issue directions to any agency for the fulfillment of their ill-wishes to take cognizance of a matter which does not fall within the ambit or is totally beyond the jurisdiction of the FIA.

He said the Peshawar High Court also restrained the FIA from taking any adverse action against PTI leader and former National Assembly speaker Asad Qaiser in the subject matter.

The court was requested to declare that the initiation of the inquiry pertaining to the petitioners’ bank accounts closed in such an undue haste was without lawful authority and set aside the call-up notice issued by the FIA to the petitioners. The counsel also sought suspension of the FIA inquiry and request the court to restrain the agency from taking any adverse action against the petitioners till a decision on the petition.

A division bench headed by Justice Mohammad Karim Khan Agha, after the preliminary hearing of the petition, issued notices to the secretary interior, the DG FIA and others and called their comments on September 24. The court observed that the FIA may continue its inquiry, but no adverse action in pursuant of the notices shall be taken against the petitioners till the next date of the hearing.

‘Polls only solution’

Earlier, talking to the media, former governor Imran Ismail said that holding general elections in the country was now the only solution to the problems of Pakistan. “We have come to challenge the FIA notices. We are not afraid of the threats of the imported government,” he said, adding that Imran Khan had taught them how to fight, and this government would not see the next 30 days as elections would be held very soon.

He said Khan would announce a plan of action at the Azadi rally, but at present, his life was in danger. He said the thieves did not find anything against us, and now they are levelling false allegations against Khan and Pakistan Tehreek-e-Insaf leaders. He said the PTI was not involved to set up money laundering factories. “We are present in front of the court and answering every question. We are not afraid of them”.

He said the PTI was the only party in the country that was publicly funded. “We don’t have donors like the Pakistan Peoples Party and the Pakistan Muslim League -Nawaz. If their cases were opened, people would know the fact who grabbed money from Osama Bin Laden.”