LAHORE: A judge of a special court (Central-I) has taken a strong exception to non-submission of challans (investigation reports) within the stipulated period and getting innocent people declared proclaimed offenders on the basis of fake documents by the Federal Investigation Agency (FIA).

“The FIA authorities have made a habit of audaciously defying and eluding the process of law. This gimmick on their part amounts to sabotaging the judicial system,” Judge Bakht Fakhar Bahzad observes.

The judge holds that the non-serious attitude of the FIA has not only created frustration among the public at large, but also resulted in losing faith in the justice delivery system, which is a burning question for the courts and the law enforcement agencies.

He observes that the court is seriously viewing the inordinate delay of years in compliance of the provision of the Criminal Procedure Code (CrPC) as it undermines not only the dignity of law, but the functioning of the court also.

The judge notes that the FIA’s conduct cannot be tolerated or allowed to prevail, but the same needs to be curbed and dealt with an iron hand to uphold the dignity of the court and the law.

The judge has made these observations in an order recently passed in a case Safeer Gondal versus the FIA.

In addition to the inordinate delay in submission of the challans, the judge regrets in many cases fake reports of non-appearance of the suspects have been filed in his court and ultimately the FIA-Lahore officials succeeded in achieving their goal of getting the innocent persons declared proclaimed offenders.

The judge observes that all these facts have already been brought into the notice of the FIA-Lahore director and deputy director concerned, but it seems they consider themselves above the law.

“Therefore, a show cause notice is being issued to the FIA’s Lahore director that why he has failed to comply with the mandatory provision of section 173 [of] the CrPC and why the lawful proceedings be not initiated against him,” the judge says in the order.

Besides summoning the director in person on the next hearing, the judge says the salary of the FIA-Lahore director shall remain stop till further orders.

Before concluding the verdict, the judge also summoned reports from the interior secretary, the director general of the FIA-Islamabad and the law secretary about the total number of cases registered during the last five years with their current status in the trial courts.

The judge clarifies that at this stage the court is not going to initiate any proceedings against the respondent authorities for the time being without bringing all the said facts in their notice.

However, the judge warned the FIA officials of strict action for their failure to submit challans in the cases within the stipulated time under section 173 CrPC.

The judge expresses his hope that the high officials would keep their eyes on the professional efficiency and working of all the investigators, especially the defective investigations which are being conducted without collecting any admissible and incriminating evidence.

The judge will resume the hearing on Feb 2.

Published in Dawn, January 14th, 2023