SHANDANA GULZAR KHAN vs FEDERATION OF PAKISTAN through Secretary Interior, Islamabad S

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SHANDANA GULZAR KHAN VS FEDERATION OF PAKISTAN through Secretary Interior, Islamabad S.160---Constitution of Pakistan, Art. 10A---Notice of appearance issued by Federal Investigation Agency (FIA)---Petitioner was aggrieved of notice under S.160, Cr.P.C., issued by FIA in connection with a criminal inquiry against her---Petitioner contended that she was being unfairly targeted for political reasons under the guise of prosecution---Petitioner claimed that the complaint supposedly triggering the issuance of the impugned notice was highly questionable, lacking crucial details such as a date, diary receipt number and essential information regarding the alleged offence and place of occurrence; that it merely summarized the accusation as a "highly intimidating campaign against State functionaries and creating violence in public and society through information system."---In the comments the respondents had furnished allegations of the complaint against the petitioner which were totally different from the one mentioned in the impugned notice---Held, that according to the principles of natural justice, constitutional provisions and statutory safeguards, an authority must promptly notify an individual of the charges against him/her allowing adequate time to prepare a defence or gather evidence, as necessary---Impugned notice was excessively ambiguous, making it difficult to provide a suitable response---Federal Investigation Agency, while adhering to the directives of the Islamabad High Court, issued a circular outlining the essential protocols to be followed by the Agency when issuing processes, etc.---Among the directives to be followed by the FIA and its functionaries in conducting investigation etc. was one specifying the obligation to inform the summoned individual about the essence of the allegation, etc.---Upholding the principle of natural justice, one of the oldest tenets, it was imperative that individuals were promptly informed of the specific charge or allegations against them at the outset of any legal proceedings---An executive body tasked with investigating offences bore both moral and legal obligations to proceed with caution, diligence and respect for the constitutional rights of the public---Authoritatively summoning an individual without adequately informing him of the nature of the charge represented the misuse of power, which was unequivocally prohibited in a well-functioning justice system---Impugned notice was issued in violation to petitioner's fundamental right to due process of law---Mechanism adopted by the respondents being against the law smelled of mala fide on their part, therefore, the impugned notice was liable to be set at naught---Courts normally do not interfere in the matter when it is in investigation phase, but when mala fide is floating on the face of record then in such like situation the Courts cannot sit as silent spectators---Petition was allowed by setting aside the impugned notice. Citation Name: 2025 PLD 163 PESHAWAR-HIGH-COURTBookmark this Case SHANDANA GULZAR KHAN VS FEDERATION OF PAKISTAN through Secretary Interior, Islamabad S.160---Constitution of Pakistan, Art. 199---Notice of appearance issued by Federal Investigation Agency (FIA)---Territorial jurisdiction of Peshawar High Court---Scope---Notice of appearance---Petitioner was aggrieved of notice under S.160, Cr.P.C. issued by FIA in connection with a criminal inquiry against her---Action of a Constitutional or Federal Authority that affected a person or group of persons in a particular Province could be challenged in the High Court of the Province in Constitutional jurisdiction under Art. 199 of the Constitution where the cause of action arose, or the effect was received/suffered, regardless of the location of the head-office of such Authority---No doubt FIA was a Federal institution/body and the impugned notice had been issued by the FIA Cyber Crime (Lahore), but the petitioner being permanent resident of (Peshawar) Khyber Pakhtunkhwa, and an MNA and affected by the impugned notice in that Province, could question the impugned notice before Peshawar High Court, particularly, in the circumstances when it was not certain from record that from where the alleged material was generated, uploaded and made viral on the alleged twitter Account of the petitioner---In that view of the matter, Peshawar High Court had got the territorial jurisdiction to entertain the instant petition---Petition was allowed, in circumstances.

SHANDANA GULZAR KHAN vs FEDERATION OF PAKISTAN through Secretary Interior, Islamabad S — 2025 PLD 163 PESHAWAR-HIGH-COURT

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