The constitutional bench of the Sindh High Court (SHC) has ordered an inquiry into the conduct of officials from the Federal Investigation Agency (FIA) over the blocking of citizens’ bank and mobile account without proper legal authorization.
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The court expressed serious concern over complaints that individuals had been deprived of access to their financial and communication facilities despite the absence of orders from a competent court or authorized authority. It directed the Director General FIA to conduct a thorough investigation into the actions of the officers involved and submit the findings within three months.
The bench further ordered that the officials under investigation should not be assigned operational duties during the inquiry process. The decision came while hearing petitions challenging restrictions imposed on passports, national identity cards, bank accounts, and mobile phone services.
Justice Adnan-ul-Karim Memon observed that fundamental rights guaranteed under the Constitution cannot be restricted merely on the basis of an ongoing inquiry. The court ruled that if no valid legal order exists for blocking passports, bank accounts, or other facilities, they should be restored immediately.
Counsel for the petitioners argued that the FIA imposed the restrictions without prior notice, causing significant financial losses and disruption to business activities. The lawyer also informed the court that the petitioners had already been acquitted in the underlying criminal case.
The government’s legal representative maintained that proceedings under anti-money laundering laws are separate from criminal trials and may continue even after an acquittal. However, the court emphasized that any measures affecting citizens’ rights must comply with due process and legal requirements.
The judgment noted that FIA letters sent to banks had been used to block accounts despite the lack of authorization from a competent authority. The court stated that powers under anti-money laundering legislation cannot be exercised arbitrarily and require proper legal approval.
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The bench warned that misuse of such powers could amount to an abuse of authority and directed the FIA chief to initiate departmental action if evidence of misconduct or mala fide intent is established. It also cautioned that future violations could result in contempt of court proceedings against responsible officials.