KARACHI: The Sindh High Court has ordered the director general of the Federal Investigation Agency (FIA) to take action against an official for raiding the house of a female suspect without a search warrant and permission.

A two-judge bench headed by Justice Mohammad Iqbal Kalhoro said that the petitioner was also at liberty to move the relevant police station for lodging an FIR against the investigating officer of the FIA, Inspector Asfandyar Khan, for prima facie committing trespass of her house.

Saima Tanwiri moved the SHC against a notice issued by the FIA last month asking her to appear in connection with a money laundering inquiry registered at the FIA’s Corporate Crime Circle against Ayesha Mirza and others.

It was alleged in the notice that Ms Mirza had gifted Rs5 million to the petitioner in May 2021, which was acquired through proceed of crime by committing fraud at a private bank on the pretext of a gold finance scheme.

The FIA in its notice maintained that Ms Mirza had also purchased a plot in Gulshan-i-Iqbal from the same money and the petitioner was her partner.

The petitioner argued that she appeared before the IO and thereafter a case was registered against her and others under the Anti-money laundering Act 2010.

She said on March 18, the IO along with some other officials had raided her house to arrest her, but she was not present at her residence and instead they picked up her husband.

She submitted that on the directive of a district judge, a judicial magistrate had raided the Corporate Crime Circle police station and recovered her husband from FIA’s illegal detention.

The petitioner further submitted that on March 21, she had obtained protective bail from the SHC, but the IO along with other officials had raided her and her mother houses.

She sought details about the number of inquires pending against her.

When the bench took up the matter for hearing, the IO submitted that there was only one FIR against the petitioner.

“However, he has failed to explain, in reply to a query, as to under what law he made an entry in house of petitioner by jumping over its gate and without a search warrant or permission from concerned magistrate. In view thereof, this matter is referred to the Director General FIA for an enquiry and action,” the bench in its order said.

Published in Dawn, April 24th, 2022