𝐓𝐡𝐞 𝐏𝐨𝐰𝐞𝐫 𝐨𝐟 𝐚 𝐇𝐢𝐠𝐡 𝐂𝐨𝐮𝐫𝐭 𝐭𝐨 𝐐𝐮𝐚𝐬𝐡 𝐚𝐧 𝐅𝐈𝐑 𝐝𝐨𝐞𝐬 𝐧𝐨𝐭 𝐒𝐭𝐞𝐦 𝐟𝐫𝐨𝐦 𝐒𝐞𝐜𝐭𝐢𝐨𝐧 𝟓𝟔𝟏-𝐀, 𝐂𝐫.𝐏.𝐂:𝐒𝐂

𝐓𝐡𝐞 𝐏𝐨𝐰𝐞𝐫 𝐨𝐟 𝐚 𝐇𝐢𝐠𝐡 𝐂𝐨𝐮𝐫𝐭 𝐭𝐨 𝐐𝐮𝐚𝐬𝐡 𝐚𝐧 𝐅𝐈𝐑 𝐝𝐨𝐞𝐬 𝐧𝐨𝐭 𝐒𝐭𝐞𝐦 𝐟𝐫𝐨𝐦 𝐒𝐞𝐜𝐭𝐢𝐨𝐧 𝟓𝟔𝟏-𝐀, 𝐂𝐫.𝐏.𝐂: 𝐒𝐂

Usually an application is filed under section 561-A of the Cr.P.C  in the a High Court to challenge and quash the registration of an FIR registered by police, FIA or any other state authority. The said section aims at to secure the ends of justice and prevent abuse of process of a court. It is reproduced herein below for ease of reference:

“561 A. Saving of inherent power of High Court. Nothing in this Code shall be deemed to limit or
affect the inherent power of the High Court to make such order as may be necessary to give effect to any
order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of
justice.”

A case came up for adjudication before the Supreme Court wherein an FIR had been registered against certain officers of Capital Development Authority  (C.D.A) under sections 409/109 of the Pakistan Penal Code 1860 (“P.P.C.”) and section 5(2) of the Prevention of Corruption Act 1947 (“PCA”). The officers were alleged to have upgraded other officers illegally and in connivance with each other. Thus, FIA suo moto lodged an FIR and booked therein those who passed the order of promotion and those who were promoted. The Said FIR was challenged before the Islamabad High Court under section 561-A, Cr.P.C which the IHC allowed and quashed the proceeding and the FIR under section 561-A of the Cr.P.C.

FIA filed a petition for leave to appeal before the SC against the IHC order. The Court held at the very outset of the judgment that a High Court cannot interfere with or take cognisance of a matter relating to proceeding of a state authority and quash the same under section 561-A, Cr.P.C as this section only applies and empowers the High Courts with regard to the proceeding of subordinate courts, not a state authority. The Court also held that mere mentioning a wrong provision or proceeding a case under a wrong provision does not make a dent in a judgment if the court’s reasoning or decision falls otherwise under its jurisdiction.

The SC ruled that the High Courts have powers under Article 199(1)(a)(ii) of the Constitution to judicially review an act or omission of an official of a state institution and they can declare such an act or omission ultra vires or against the law under the said Article, not under section 561-A of the Cr.P.C. 

The Court also noted that FIA officials with regard to investigation and registration of an FIR have similar powers of police. They can only lodge an FIR and arrest the culprits when a cognisable offence is made out of the allegations mentioned in the FIR. In the case in hand, the contents of the FIR did not constitute or make out any cognisable offence. Hence, the Court declared that this case is vexatious, false and frivolous in order to harass the respondents.

The SC at the end not only dismissed the CPLA but also directed the FIA officer who lodged the said FIR and investigated the matter to pay 100000/PKR to the respondents as cost.

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