The Sindh High Court has dismissed a petition of TikTok star Hareem Shah against the Federal Investigation Agency’s inquiry into money laundering charges.
The court however left the petitioner at liberty to avail a proper remedy at the time of her return to Pakistan in accordance with the law. The TikTok star had obtained stay order against the FIA inquiry into money laundering charges, and assured the court that she would join the probe soon after return to the country.
A division bench, headed by Justice Mohammad Iqbal Kalhoro, observed that inquiry against the petitioner had been pending since January 2022 without any progress owing to her absence from the country.The court observed that the impugned notice has been issued under Section 160 of the Criminal Procedure Code, which amply empowers the investigation officer to require the presence of any person who from information given or otherwise appears to be acquainted with the circumstances of the case being inquired or investigated and that such a person has to approach the IO to give a statement.
It remarked that the petitioner prima facie not only violated the requirement of Section160 CrPC but also her assurances and undertakings given to the court in this connection. It said Shah was not in country and her counsel had no idea of the time she planned to return.
The petitioner’s counsel submitted that the petitioner went to Saudi Arabia for performing Umrah and had not returned to Pakistan. To a court query, he did not explain why despite directions and assurances she did not prefer to return and join the inquiry.
A federal law officer submitted that the inquiry had was not moving forward due to non-cooperation of the petitioner. The court, after hearing the counsel, dismissed the petition’s plea; however, it left the petitioner at liberty to avail a proper remedy at the time of her return to Pakistan in accordance with the law.
Shah had filed the petition against the issuance of an FIA notice over her social media video in which she claimed clearing immigration to travel abroad with a large amount of foreign exchange without any check. She submitted that she received a notice from the FIA on January 13.
The FIA had directed the TikTok star to appear on January 19 on the grounds that her video had defamed the country and she had acknowledged the offence of money laundering.
She submitted that she came to know through the media that the FIA had also approached private banks to freeze her bank accounts. The TikTok star, who has more than 6.5 million followers on social media sites, said that she was currently staying abroad and had already tendered an apology for the video clip on different electronic media channels. She further stated that one of her acquaintances in the UK also acknowledged that the money shown in the video belonged to him. She submitted that the Ministry of Information Technology had issued directions to the Pakistan Telecommunication Authority to block her social media accounts although she was paid by different sponsors.
The petitioner’s counsel submitted that the FIA’s impugned notice was illegal and unlawful, which not only caused loss of reputation to his client but also violated her fundamental rights as protected and safeguarded under the constitution. The counsel submitted that the petitioner wanted to join the FIA inquiry but apprehended arrest or coercive action.
He requested the court to declare the FIA inquiry and the impugned notice unlawful and direct them to not freeze her bank accounts. The petitioner also wanted the restoration of her social media accounts.
