Foreign funding case: PHC dismisses Asad writ against FIA’s notice

Humayun Khan
PESHAWAR: A divisional bench of Peshawar High Court (PHC) comprising of Justice Lal Jan Khattak and Justice Ishtiaq Ibrahim dismissed writ petition of former speaker National Assembly Asad Qaiser against jurisdiction of Federal Investigation Agency (FIA) in foreign funding case, on Tuesday.
During hearing Barrister Gohar Ali Khan argued that FIA has initiated inquiry beyond its jurisdiction against Pakistan Tehreek-e-Insaf (PTI) central leader Asad Qaiser because neither it is matter of money laundering nor a bank business.
The counsel added Supreme Court has already observed that if FIA initiates inquiries in such cases then it would open a flood gate. He argued that the case is already pending before Election Commission of Pakistan, so FIA has no jurisdiction to initiate inquiry.
Barrister Gohar Ali Khan argued that it is matter Political Party Act neither as criminal offense and added that political party Act 1962 was amended to separate criminal proceedings from political parties. He added that recently Supreme Court has dismissed National Accountability Bureau reference against Shell company because it was jurisdiction of Oil and Gas Regulatory Authority.
Moreover, Asad Qaiser lawyer argued that Election Commission of Pakistan is independent institution and FIA cannot interfere in its jurisdiction while added that FIA will deal where federation is party. He added that federation has issued different eight notification including Cabinet Division, DG FIA, Secretaries Cabinet Division and parliamentary affairs in this regard which clearly stated that it is initiated as per ECP directions.
Additional Attorney General Amir Javeed argued that constitution has placed liability on executive to cooperate with ECP to run its operation. He added that ECP cannot record evidences but can trial the summary. AAG further argued that PTI holding two accounts in one foreign funds while other one is denied and FIA is investigation the denied accounts. He added that ECP has already issued showcase notice to PTI for holding accounts for transferring foreign funds.
AAG further argued that Federal Cabinet has also approved the investigation to probe the aims of foreign funds transferred to PTI’s central leader Asad Qaiser accounts which was denied while Balochistan High Court has already ordered in this regard. AAG added that FIA is investigating only those accounts which were denied and anything is illegal in the procedure while requested that court cannot interfere in the inquiry at this stage. He added that it is still in inquiry stage and after conclusion FIA will made clear either petition is guilty or innocent.
The divisional comprising of Justice Lal Jan Khattak and Justice Ishtiaq dismissed PTI central leader Asad Qaiser writ petition against jurisdiction of FIA in foreign funding case. It is worthy to note that PTI leader Asad Qaiser has challenged FIA notice at PHC in foreign funding case for its jurisdiction in the case. FIA has issued notice to Asad Qaiser for holding accounts in which funds were transferred by foreign companies/ foreigners.