IHC summons director FIA, seeks explanation over FIR

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Registration of case against former Chairman NADRA

Zubair Qureshi

The Islamabad High Court (IHC) has ordered a director of the Federal Investigation Agency (FIA) to appear in person before the court and explain under which law an FIR was registered against ex-chairman of the National Database & Registration Authority (NADRA).
Justice Shaukat Aziz Siddiqui on Thursday ordered the Director FIA, Islamabad Mazharulhaq Kakakhail, to appear in person on the next date of hearing i.e. April 26 and apprise the court how the FIA could register a case against the NADRA’s former chairman, Imtiaz Tajwar, a grade-22 public servant.
The directions came in response to the petitioner’s stance that no prior permission for initiation of inquiry as well as registration of FIR was obtained by the Federal Anti-Corruption Council.
In addition, the petitioner said, no prior permission was obtained from the President of Pakistan, who approved appointment of the petitioner as Deputy Chairman of the NAB and Agency’s act was sheer violation of constitution and NAB ordinance, 1999.
Tajwar through his counsel Shah Khawar has approached the IHC requesting dismissal of the case registered for alleged irregularities committed during his period. He has also alleged that FIA registered the case against him on the whims and wishes of the high-ups of the Ministry of Interior. Earlier, Justice Siddiqui had suspended FIR registered against him and restrained the FIA from investigating the chairman of the key public institution till the final decision of the case.
“Inquiry and registration of case are not only illegal but are carried out on the whims and wishes of the high-ups sitting in the echelons of the Ministry of Interior for the reasons best known to them,” Khawar stated in the petition.
It may be mentioned here that in October 2016, the Interior Minister Ch Nisar Ali Khan had ordered the FIA to open formal investigations against Tajwar for the alleged irregularities while he led the institution.
The FIA Corporate Crime Circle, Islamabad, registered FIR against Tajwar and two others under sections 409, 109 of the Pakistan Penal Code read with Section 5(2)47 of the Prevention of Corruption Act, 1947, at the FIA Corporate Crime Circle police station. In the petition, Shah Khawar stated that the FIR has been lodged with mala-fide intention and while eroding the provisions of the FIA Act, 1974, and the FIA (Inquiries and Investigation) Rules, 2002, and is liable to be quashed.