IHC rejects Cynthia D Ritchie's petition.
ISLAMABAD -- The Islamabad High Court (IHC) Monday turned down a petition of Cynthia D Ritchie a US national currently residing in Pakistan challenging a lower court's order to register FIR against her.
A single bench of IHC comprising Chief Justice of IHC Justice Athar Minallah conducted hearing of her petition, wherein, the US national challenged the Justice of Peace, Islamabad's decision in which it had directed the Federal Investigation Agency (FIA) to proceed with registration of FIR against Ritchie.
At the very outset, the court asked from her that she is aggrieved because the direction is only to the extent of conducting an inquiry. The petitioner's counsel stated that the Justice of Peace has also decided the question of jurisdiction and the competent authority of the Federal Investigation Agency while conducting an inquiry is expected to consider whether in the facts and circumstances of the case and the material collected during the course of inquiry an offence is made out under the Prevention of Electronic Crimes Act, 2016 and whether the Agency is vested with jurisdiction to proceed with the matter.
The court observed that the competent authority would obviously be considering the material and then form an opinion whether or not to register a case.
Justice Athar noted in the verdict, 'It is settled law that a High Court while exercising jurisdiction under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973 does not interfere in matters relating to inquiry or investigation, as the case may be.'
He added, 'The Federal Investigation Agency was empowered to conduct an inquiry even if no order had been passed by the learned Justice of Peace. The Federal Investigation Agency while proceeding in the matter is expected not to be influenced by any observation made in the impugned order.'
The IHC CJ continued that this Court is satisfied that interference is not required and, therefore, the petition is dismissed as being without merit.
Cynthia moved the court through her counsel Imran Feroze Malik Advocate and cited Justice of Peace...
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