1997 P Cr (PLP)
Dr. SHER DIL BATRA and 2 others — Petitioners Versus DIRECTOR, FEDERAL INVESTIGATION AGENCY, LAHORE and 8 others — Respondents
| Citation | 1997 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | Dr. SHER DIL BATRA and 2 others — Petitioners Versus DIRECTOR, FEDERAL INVESTIGATION AGENCY, LAHORE and 8 others — Respondents |
Q1: What are the key laws and sections cited in 1997 P Cr (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1997 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1997 P Cr (PLP) (Dr. SHER DIL BATRA and 2 others — Petitioners Versus DIRECTOR, FEDERAL INVESTIGATION AGENCY, LAHORE and 8 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Nemo for Petitioners.
Headnotes / Summary
S. 3(1)
Constitution of Pakistan (1973), Art.199
Quashing of F.I.R.-- Question was, whether without holding any preliminary inquiry Federal Investigating Agency could register a case
Federal Investigation Agency Act 1974, had conferred the same powers, privileges and liabilities upon its officers as were conferred upon the Police Officers by Criminal Procedure Code--Embargo placed on the powers of inquiry and investigation by F.I.A. was that offence must be a scheduled offence
F.I.A. was, thus, competent to register the case and was not bound to hold a preliminary inquiry before registration of the same
Constitutional petition was consequently dismissed being incompetent.
Judgment & Decree
The question begging determination in this case was whether without holding any preliminary inquiry the Federal Investigating Agency can register a criminal case. The Federal Investigating Agency Act, 1974 has conferred the same powers, privileges and liabilities upon its officers as those conferred upon the police officers by the Criminal Procedure Code. There is no bar for the registration of a case by F.I.A. provided the offence is mentioned in the Schedule as required under section 3(1) of the Act. The only embargo placed on the powers of inquiry and investigation by the F.1.A. is that offence must be I enumerated in the schedule. The learned Judges of the Honourable Supreme Court of Pakistan in case Brig. (Retd.) Imtiaz Ahmad v. Government of Pakistan through Secretary, Interior Division, Islamabad and 2 others reported as 1994 SCMR 2142 relying upon a passage from Lord Reid's Speech in "Wiseman v. Borneman" 1971 AC 297, at 308 observed as under: "Every public officer who has to decide whether to prosecute or raise proceedings ought first to decide whether there is a prima facie case, but no one supposes that justice requires that he should first seek the comments of the accused or the defendant on the material before him. So, there is nothing inherently unjust in reaching such a decision in the absence of the other party." Respectfully following the law laid down in Brig. Imtiaz's case (supra), this petition is held to be incompetent with the result that the F.I.A. was competent to register a case and was not bound to hold a preliminary inquiry before registration of a case. Dismissed leaving the parties to bear their own costs. N.H.Q./S-706/L Petition dismissed.