KARACHI, Aug 7: The Sindh High Court on Wednesday dismissed a petition questioning presence of the American Federal Bureau of Investigation (FBI) personnel in Pakistan and their involvement in several operations and investigations within the country.
When the petition filed by Sohail Hamid came up for a pre-admission hearing, the bench observed that his prayer in the petition was generalized and there was no mention of any specific incident.
The lawyer submitted that the prayer had been kept generalized because he apprehended that in case of specific prayer, he would be treated amongst Al-Qaeda.
He said the federal law minister had given a public statement that the FBI can detain any person for three months, under Article 10 of the Constitution.
He contended as to how FBI can represent itself as state of Pakistan. They have arrested Pakistanis in America, but how can they do the same in Pakistan?
In the petition, Sohail Hameed advocate had asked the Interior Ministry and other respondents “to explain under what law and authority Pakistani citizens are being allowed to be interrogated, arrested by foreign operatives, in their own country”.
The petitioner had made the Interior Ministry of Pakistan and the American FBI through consul-general at Karachi, respondent in the matter.
The petitioner has prayed for directing the respondent to report on the activities of the FBI in Pakistan and whether they were acting in the manner which is against the principle and dictates of recognition of the independence of state?
His contention was that any act done in transgression to the independence of the country, is without lawful authority, void and of no legal effect.
Advocate Sohail Hameed maintained that the US recognises independence of Pakistan, and, therefore, it was under obligation to maintain the relationship with Pakistan, based on principles of mutual respect for independence.
The FBI is operating in Pakistan, however, it is imperative that a balance between their sphere of actions and the internal security of Pakistan, viz intelligence network, is maintained, the petitioner has maintained.
He emphasised that sanctity of the principle of independence of states be maintained to ensure dignity of the nation.
It is his contention that under Article 4(1) of the constitution every person who is for the time being in Pakistan is required to be treated in accordance with the law of Pakistan, and, therefore, the FBI personnel are required to act in accordance with the law of Pakistan.
When the bench inquired why he did not make the federal law minister a respondent, the lawyer said the statement was made after filing of the petition.
When the bench inquired why he had enclosed newspaper clipping regarding Iraq, the lawyer said that there was a remote possibility that one day Pakistan will face the same situation as it possess nuclear capability.
As the lawyer was not prepared to withdraw his petition, the bench dismissed it.
