P L D 2021 Lahore 670
Whether the term ‘Police authorities’ used in section 22-A (6) Cr.P.C. includes F.I.A. and if it does, whether the judicial review under Article 199 of the Constitution is maintainable. ?
It shall be beneficial to scrutinize few provisions of the Federal Investigation Agency Act, 1974 (hereinafter Act of 1974). F.I.A. was constituted under section 3 of this Act and under section 4 superintendence and administration of agency shall vest in Director General of agency.
Section 4(2) of the Act of 1974 provides that the administration of the Agency shall vest in the Director General who shall exercise, in respect of the Agency, the powers of an Inspector General of Police under the Police Act, 1861. While Section 5(1) in most unequivocal manner provides that the members of the Agency shall, for the purpose of an inquiry or investigation under this Act, have throughout Pakistan such powers, including powers relating to search, arrest of persons and seizure of property, and such duties, privileges and liabilities as the officers of Provincial Police have in relation to the investigation of offences under the Cr.P.C. or any other law for the time being in force. Likewise, section 5(2), for the purpose of any inquiry, empowers a member of the agency, who is not below the rank of a Sub-Inspector to exercise any of the powers of an officer-in-charge of a Police Station.
Therefore, when status, functions, rights, privileges and liabilities of officials of F.I.A. are same as that of Provincial Police officer under the Cr.P.C., ex-officio justice of peace is very much competent to issue directions to the respondents as it can issue to the Provincial police and contention of the learned counsel for the petitioners regarding lack of jurisdiction @ of ex-officio justice of peace in matters of F.I.A
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