Summary Sindh High Court ordered an inquiry into FIA officers for blocking citizens’ bank and mobile accounts without legal authorization and directed restoration of facilities where no valid orders exist.
KARACHI (Dunya News) - The constitutional bench of the Sindh High Court has expressed strong displeasure over the blocking of citizens’ bank and mobile accounts by the Federal Investigation Agency (FIA), directing an inquiry into the conduct of the officials involved.
The court ordered the Director General FIA to initiate an investigation against the officers responsible for blocking citizens’ bank and mobile accounts. It directed that the inquiry be completed within three months and instructed that the officers concerned should not be assigned operational responsibilities during the investigation period.
Justice Adnan-ul-Karim Memon observed that citizens’ fundamental rights cannot be curtailed merely on the basis of an inquiry. The court ruled that if no legal order exists for blocking the petitioners’ passports or accounts, the facilities should be restored immediately.
Counsel for the petitioners argued that the FIA had blocked the petitioners’ passports, national identity cards, bank accounts and mobile accounts without prior notice. The lawyer maintained that the restrictions had caused serious losses to the petitioners’ businesses and pointed out that the petitioners had already been acquitted by a court in the underlying criminal case.
The government lawyer informed the court that proceedings under the Anti-Money Laundering Act are separate in nature from the main criminal case. He argued that such proceedings do not automatically come to an end upon the acquittal of an accused person.
The court observed that investigations under anti-money laundering laws may continue; however, any action affecting citizens’ fundamental rights must be carried out transparently and in accordance with due process. It noted that no citizen’s passport or financial activities can be interfered with indefinitely on the basis of an inquiry alone.
The bench further observed that letters issued by the FIA to banks had been used as a basis for blocking accounts despite the absence of any order from a competent court or authorized authority directing the freezing of accounts. The court stated that powers under the Anti-Money Laundering Act can only be exercised with proper legal authorization.
The judgment emphasized that exercising such powers without legal approval would amount to misuse of authority. The court directed the DG FIA to review the conduct of subordinate officers and initiate departmental proceedings if evidence of misuse of powers or mala fide intent is found.
The high court also warned that if a similar matter comes before the court in the future, contempt of court proceedings may be initiated against those responsible.
