Islamabad High Court seeks help on FIA power to offload passengers at airports

Justice Inaam Amin Minhas remarked that an SOP is not law. He said that otherwise every institution would start working on SOPs instead of the law. The court directed FIA officials to appear at the next hearing fully prepared on the authority to offload passengers under the law.

During the hearing of a petition filed by a citizen, Muhammad Sajid, FIA Additional Director Zunaira and Deputy Director Afzal Niazi appeared in court on its summons. The FIA presented a letter from 1975 to the court.

After reviewing the letter, Justice Minhas remarked that nothing in it allowed the agency to offload a citizen.

FIA officials told the court that steps to offload citizens were taken under SOPs. The court remarked that SOPs are not law and that courts have to enforce the law.

FIA Deputy Director Afzal Niazi said that 45,850 people had been deported and returned to Pakistan. He said 39,095 people who had left Pakistan on visit visas had not come back. He added that more than 1,100 people were involved in begging abroad.

Justice Minhas asked whether all these people had gone abroad after FIA clearance.

The court remarked that if the FIA had no legal authority, it could have recommended an amendment to the law. It added that fundamental rights cannot be taken away by SOPs on their own.

Justice Minhas remarked that the FIA was a uniformed agency of Pakistan but was apparently acting against the law. The court asked whether the FIA had the authority to offload a citizen on the ground that he would do a particular thing after going abroad.

The court directed FIA officials that if SOPs were so important, the relevant law should be amended. It said that at the next hearing they should assist the court on the legal authority, not on SOPs.

The court directed FIA officials to appear at the next hearing fully prepared and adjourned the case.