One Constitution Avenue: BNP seeks contempt proceedings against FIA

Group’s chief executive claims FIR against him by agency violates court orders

ISLAMABAD: The Islamabad High Court on Wednesday issued notices to Federal Investigation Agency (FIA) after the BNP group’s CEO Abdul Hafeez Sheikh filed a petition seeking initiation of contempt of court proceedings against officials from the investigative agency.

A division bench comprising Justice Aamer Farooq and Justice Miangul Hassan issued notices to FIA’s Director General Muhammad Amlish and FIA Special Investigating Unit Inspector Afzal Khan Niazi, for June 22.



While issuing the notices, the court combined it with the main case.

On January 7, 2016, the petitioner’s counsel said that the court had granted interim relief to the petitioners by directing the FIA to provide information in writing with regards to the scope and nature of the inquiry or investigation which they were conducting and the details of documents or information which were required whenever the petitioners were called to attend proceedings.

Moreover, the court had restrained FIA from harassing or taking any coercive action against the petitioner.

The counsel said that on February 17, 2016, the FIA had issued notices to a number of sub-lessees of the building at One Constitution Avenue. The agency had demanded that those issued notices appear before the FIA on February 22, 2016, and provide information relating to their investment in the Project.

Further, the FIA had asked the sub-lessees to fill in and sign a form which stated that they hold the BNP and its management guilty of fraud, cheating and inducement.

Through these forms, the counsel said, the FIA was virtually asking the sub-lessees to turn complainants against the BNP and Sheikh.

When these forms were placed on record, the court stayed the inquiry proceedings on February 23, 2016.

The counsel maintained that the FIA inquiry remained in abeyance until the court modified its order and allowed the investigative agency FIA to continue the probe. The court, however, had restrained the FIA from arresting the petitioner.

Later, the counsel said, the Special Investigating Unit of the FIA registered an FIR on May 2, 2017, under Sections 409, 419, 420, 468, 201, 109 of the Pakistan Penal Code 1860, read with Section 5 (2) of the Prevention of Corruption Act, 1947 (PCA). The FIR, the counsel contended, had been registered in blatant defiance of court orders from January 7, 2016.

The counsel said that the “contemnors” are liable to be prosecuted for contempt of court under Section 5 of the Ordinance read with Section 3 of the Ordinance and Article 204 of the Constitution.

The registration of the FIR, the counsel argued, goes beyond the actions permitted by the court for conducting the inquiry by FIA and NAB and tantamount to a coercive and adverse action against the petitioner, including Sheikh.

“The registration of the FIR against the petitioner is politically motivated,” the counsel argued, “the FIR has been registered to pressure the Sheikh into abandoning the project.”



In the petition, the petitioner said that the FIR was registered simply on the dictates of certain influential people. Further, the petitioner claimed that the cancellation of lease deed was also motivated by FIA.

“This is not disputed,” he said as he claimed that an FIA deputy director had confirmed this before the Standing Committee on Overseas Pakistanis and Human Resource Development on March 31, 2017, that the deed was cancelled by the CDA’s Board under pressure from the agency.

He contended that this too had bene done by the FIA while disregarding a court order passed on January 7, 2016.

Earlier, the BNP, through its counsel, had challenged the reopening of the inquiry by the FIA, its transfer to Lahore and the initiation of an inquiry by the National Accountability Bureau (NAB) against the petitioners and Sheikh.

The petitioner urged the court to initiate contempt of court proceedings against the contemnors while quashing the FIR.

Published in The Express Tribune, June 15^th, 2017.