FIA cannot reopen closed inquiry on same allegations: IHC

The Islamabad High Court (IHC) has ruled that the Federal Investigation Agency (FIA) cannot reopen an inquiry into the same allegations and incident after the matter has already been investigated and closed, reported 24NewsHD TV.

Chief Justice Sardar Sarfraz Dogar on Saturday, issued the written judgment on a petition filed by Mir Awais, declaring the subsequent inquiry initiated by FIA Islamabad on the same allegations to be without lawful authority.

The court also declared the notice illegal issued by FIA Islamabad under Section 160 of the Code of Criminal Procedure (CrPC).

According to the judgment, the FIA failed to provide any reasonable justification for lawfully reopening an inquiry that had already been completed. The agency did not claim that any new material had emerged to warrant a fresh inquiry. Additionally, court observed that merely changing the inquiry officer cannot be considered new material for reopening the same matter.

The judgment further stated that while a high court generally does not interfere in an investigation because another view of the facts may be possible, judicial intervention is justified where an investigating agency acts without legal authority.

The petitioner had contended that an inquiry previously completed and closed by the FIA ​​Abbottabad cannot be reopened.

The court noted that the present inquiry was not related to any new or separate incident but was based on the same allegations that had already been examined.

The IHC held that subjecting a person to legal proceedings twice over the same matter is contrary to the constitutional protection provided under Article 13 of the Constitution.

The court consequently barred FIA from conducting the subsequent inquiry against Mir Awais on the same incident and allegations.