Malik Asif Noon vs FIA Islamabad Ss — 2025 PCrLJ 1434 ISLAMABAD

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Malik Asif Noon VS FIA Islamabad Ss. 3 & 4---Criminal Procedure Code (V of 1898), S. 154---Constitution of Pakistan, Art. 199---Quashing of FIR---Constitutional jurisdiction of the High Court---Scope---Petitioner/accused sought quashing of FIR by invoking constitutional jurisdiction of the High Court---Validity---Allegations against the petitioners were that they caused huge loss to national exchequer---As per record, Show Cause Notices were served to the accused on 26.09.2024 and reminder of show cause notice was dispatched on 02.01.2025, however, till date the accused had not submitted their reply of show cause notice---Incomplete challan for both the FIRs had already been submitted in Trial Court---Report of Investigation Officer submitted contained the details of the petitioners'bank account details and their property details---In view of the said background, it was prima facie clear that both the petitioners had received a substantial amount in excess of their legitimate share---Despite being well aware that they had already received their lawful entitlement, they still accepted additional payments from the CDA in connivance with other co-accused, which they were not legally authorized to receive---However, the primary question raised by the petitioners pertained to S.9 of the Anti-Money Laundering Act, 2010, wherein it was claimed that the petitioners were not given a proper opportunity of hearing, as they had not submitted a reply to the notice issued under S.9 of the Act, 2010---Report of FIA was silent regarding the purpose of service of notice and the procedural details required to be fallowed under S.9 of the Anti-Money Laundering Act, 2010---However, that could not be considered as a ground for quashing of FIR---Answer, therefore, was in the negative, as the report already appended in the case prima facie provided an overview that certain properties were in the names of the petitioners, who had received certain payments beyond their legitimate share after the acquisition of the property by the CDA---At that stage, petitioners had not rendered any explanation regarding the source of income from which the residential properties were purchased, nor had it been clarified what their entitled share was in the land acquired by the CDA---Furthermore, no information had been provided to counter the allegation of overpayment received by the petitioners from the CDA---Therefore, in the absence of such information, which was also required to be collected by the Investigating Officer under S.9 of the Anti-Money Laundering Act, 2010, no case for quashing of FIR was made out---Issuance of notice was intended to provide the petitioners/accused an opportunity to explain the circumstances under which they received amounts beyond their legitimate share, as notified in the Qabzal Wasool---Onus was upon petitioners to absolve themselves of the said criminal liability---Therefore, the petitioners could not be given a premium for failing to respond to the notices issued by the Enquiry Officer under the Anti-Money Laundering Act, 2010---Thus, the case presented by the petitioners before the High Court seeking the quashing of the FIR was not substantiated in any manner---Petitioners had failed to demonstrate any illegality or mala fide intent on the part of the investigating agency for registration of these two FIRs---There was no indication of abuse of the legal process, nor had the petitioners claimed that no alternate remedy was available to them---Both the petitions were dismissed, in circumstances.

Malik Asif Noon vs FIA Islamabad Ss — 2025 PCrLJ 1434 ISLAMABAD

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