HYDERABAD, Pakistan — The Sindh High Court (SHC) has stepped in to prevent the Federal Investigation Agency (FIA) from taking any disciplinary action against one of its own officials, following a lower court’s directive alleging an “unfair” investigation in a high-profile human trafficking case. The move has raised questions about judicial overreach and the balance between law enforcement autonomy and procedural oversight.
The interim order, issued by the SHC Hyderabad circuit bench, headed by Justice Adnan ul Karim Memon and Justice Riazat Ali Sahar, came in response to a petition filed by Assistant Director Zubair Yousfani, the FIA officer tasked with investigating the trafficking case. The court has issued notices to relevant parties and fixed the matter for a detailed hearing on January 15.
The controversy began with a special anti-corruption judge’s directive on December 15, which instructed that a written complaint be filed against the officer and departmental proceedings initiated, citing alleged “misconduct and lapses” during the investigation. The directive was issued while hearing a bail plea by the accused, who stands charged with human trafficking and related offences, including fraudulently arranging documents and visas and mistreating the victim abroad.
In his petition, Yousfani argued that the lower court had exceeded its jurisdiction, pointing out that a bail hearing under the Criminal Procedure Code and FIA Act did not empower the trial judge to order departmental action. He maintained that the investigation, including the arrest at Islamabad Airport and collection of evidence, had been conducted properly, and that subsequent changes in the victim’s statements should not be held against him.
The officer’s legal team further contended that no prior notice or opportunity of hearing was provided before the adverse directive, violating principles of fair administrative procedure. The SHC’s interim order now restrains the FIA from acting on the lower court’s instructions until the high court concludes its review, highlighting the judiciary’s role in ensuring due process for law enforcement personnel.
The human trafficking case itself remains under investigation, registered under the 2018 Prevention of Trafficking in Persons Act, and has drawn attention to the delicate balance between judicial oversight and the independence of law enforcement agencies. Observers note that the SHC’s intervention underscores the importance of procedural fairness, even as the merits of the investigation continue to be examined.
This story has been reported by PakTribune. All rights reserved.