Federal Investigation Agency (FIA) Act, 1974 Explained in Detail

The Federal Investigation Agency (FIA) is a Federal level investigating agency of Pakistan. It was established in 1975 and replaced the Pakistan Special Police. Quickly after its establishment, the FIA investigating in a criminal investigation, the investigation about the control of borders, and also about the counterintelligence in the Country. The main investigating areas of FIA are against Terrorism, federal crimes, smuggling and recently the infringements of various nature also come under its shade.

FIA is obtaining its strength from its Act that was passed back in 1974 with the establishment of the agency. Since then, the FIA is working under the Interior Ministry of Pakistan.

Creation of the Federal Investigation Agency

After the two devastating wars between India and Pakistan the then prime minister of Pakistan, Mr. Zulfiqar Ali Bhutto (PPP) decided to establish a department which will investigate about the crimes in Pakistan and which will replace the old police investigation with a new and upgraded method. In this scenario, the creation of FIA was come into being on 13 January 1975 after the passing of FIA act by the Pakistan Parliament in 1974 with majority votes of the house. The Head of the FIA is called Director General FIA and the Head office is in Islamabad.

Initially, the task of the investigation against corruption was given to FIA and later on, it will spread over many areas. Now even the infringement of copyright cases is also dealt in the FIA with zero tolerance.

FIA Act 1974 Explanation

According to the Act, there will be an agency of FIA which will work under the Code of Criminal Procedure 1898 and which is headed by a Director-General. The appointing authority of Director General is the Federal Government of Pakistan. The agency will recruit its worker by advertisement in the newspaper and the number of appointments will be subject to availability of seats in the agency.

For the purpose of Constitution of the Agency, the agency shall consist of a Director-General and other a number of other officers that agency needs accordingly. The right of appointment in the agency shall be with Director-General of the Agency. Also, the administration rights of the agency shall vest with the Director-General of FIA.

The FIA Act provides power to its officer of searching any property, seizure of the property and many a time the officers (who are not below the rank of a sub-inspector) of the FIA can arrest any person for purpose of any inquiry or investigation.

With the amendment in FIA Act in the year 2002, the officers (Assistant Director Legal / Deputy Director Legal)  of FIA  can become a public prosecutor and have the authority to appear before the court in which the trial is ongoing. In this regard, the Federal Government is empowered to amend the Act time by time as per requirement.

Also, the Director-General of FIA can delegate his power to any of his officer under the rules of FIA mention therein. The officers of FIA have indemnity from any kind suit or legal proceedings against them under this Act.

Repeal

With the establishment of the FIA Act in the year 1974, the then Special Police Establishment and the Special Police Order 1962 were repealed and merged into the new FIA Act 1974. Any member of the said departments transferred to FIA and their rank and honors are also safeguarded under this Act.  One noticeable thing is that if any member of the said departments was under any inquiry at the time of inclusion, now the FIA will conduct the inquiry and give his own decision in this regard.

The officer of the said Police department was given the option to choose to join the FIA act with the same rank or not they are not forced to join the new Agency. The willingness acquired before inclusion of these officer to FIA.

Conclusion

The Federal Investigation Agency (FIA) Act 1974 is a landmark effort of the government of Pakistan. Today, FIA is the most active and courageous department of Pakistan and working for the betterment of the Country.

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