IHC questions FIA power to offload passengers

The Islamabad High Court on Friday allowed a citizen, who had been placed on a travel restriction list and offloaded at the airport, to travel abroad, while questioning the Federal Investigation Agency's (FIA) authority to take such measures under its internal standard operating procedures (SOPs).

Justice Inaam Ameen Minhas, while hearing a petition filed by citizen Rab Nawaz, expressed displeasure with FIA officials and directed the agency's additional director to submit a response explaining the legal basis for offloading passengers and placing their names on travel restriction lists.

The judge remarked that the petitioner could travel abroad and said that if anyone stopped him, "we will see," adding that the petitioner's case would remain pending before the court. During the hearing, the government lawyer told the court that the FIA has its own SOPs under which it takes such actions.

Justice Minhas questioned what those SOPs were, observing that the law did not permit such measures. He termed the matter highly sensitive and noted that the Supreme Court had already passed an order on the issue.

The judge warned that he would write to the secretary of the Establishment Division against officers involved in unlawfully offloading people. "I will ask the secretary to stop the promotion of the officer found responsible," he added.

The judge asked the FIA how it could offload someone who has a passport, visa and return ticket. The FIA lawyer maintained that the agency had internal regulations under which passengers were offloaded.

Justice Minhas said he would summon the FIA director general and ask him which SOPs authorised the agency to act in a manner that appeared to place internal regulations above the law.

The judge questioned whether the FIA had the authority to make laws. "You are standing in the high court. Why do you not understand?" he remarked, asking whether an FIA SOP could override the law.

He warned that if government departments were allowed to formulate their own procedures without regard to the law, every bureaucrat could make his own SOPs.