ALAM JAN vs FIA POLICE STATION, GILGIT and another

ORDER

' MALIK HAQ NAWAZ, J.---The petitioner has called in question the validity of FIR No, 02/2012 dated 19.03.2012 registered under sections 4, 9 and 23 of Foreign Exchange Regulatory Act.

1947.

2. The brief facts of the case as highlighted in the FIR are that one complainant Haji Muhammad Khan Wazir, Inspector FIA/AD FIA Gilgit circle on 19.3.2012 received information that the petitioner "Alam Jan and Co." was carrying on the illegal business of money exchanger. As per contents of FIR, the complainant obtained necessary search warrant and raided the shop of the petitioner with the help of Police, Rangers and G.B. Scouts. The petitioner was arrested and some foreign currencies of various countries were taken into possession. The case under the above provisions of law was registered.

3. FIA Authorities after completion of investigation submitted the challan of the case in the Court of Special Judge Anti-Corruption Gilgit.

4. The learned counsel for the petitioner submitted that raid on the shop of petitioner was conducted illegally and unlawfully, without any legal justification. The learned counsel vehemently contended that the petitioner was carrying a lawful business and the FIA authorities have travelled far beyond their mandate as a protection provided to the lawful business of money exchanger under section 19(3), of the Foreign Exchange Regulation Act, 1947 which has been violated. Per learned counsel the challan of the case has been put in Court and the petitioner has been summoned to face trial on the above charges which will amount to abuse of process of Courts and law.

5. On the other hand the learned Dy. A. G, submitted that in a case of similar nature titled Sher Afzal v. The State/FIA and Rahber All v. The State/FIA, this Court has already quashed the proceeding due to violation of law and he showed no resistance to quash the proceeding.

6. After hearing the parties and going through the mandatory provisions of Section-19, it is noted with regret that FIA authorities have transgressed their authority. Section 19(3), clearly depicts that before carrying out any proceeding under the above Act, there must be a complaint in writing made by a person authorized in this behalf by the Central Government or by the State Bank of Pakistan that the contravention is taking place or likely to be taken place in the complaint should also be supported by a statement of that person on Oath and only after fulfillment of the above criteria any proceedings could be initiated against the delinquent.

7. The FIA authorities raided the shop of the petitioner along with the heavy contingent of paramilitary forces, arrested him and booked him in the above offences against the mandate of law, which cannot be protected by this Court on any pretext. When law requires a thing to be done in a particular manner, then it must have been done in the prescribed manner and not otherwise.

Laws are always made for men and men are not made for law. Where the basic spirit of law is violated and the fundamental rights of a citizen are infringed, it is legal and moral duty of the Court to come for rescue of victims of high-handedness. The mandatory requirements of law, which are pre-requisites if not fulfilled then the entire proceedings, which followed would be nullity in the eyes of law.

8. In view of the above illegalities committed by the State functionaries, the proceeding pending in the Court of Special Judge Anti-Corruption Gilgit against the petitioner on the basis of FIR 02/2012 of FIA Police Station No, 14 Gilgit are quashed.