LHC dismisses petition against FIA offloading at Islamabad Airport

LAHORE – The Lahore High Court has dismissed a petition filed by citizen Muhammad Owais challenging his alleged offloading by Federal Investigation Agency (FIA) officials at Islamabad Airport ruling that the court does not have territorial jurisdiction over the matter.

Justice Munawar Iqbal Dogar issued an eight-page written judgment on the petition. The court held that under Article 199 of the Constitution, a High Court can exercise its jurisdiction only when the action or cause of complaint giving rise to the petition has occurred within its territorial limits.

The court observed that the FIA officials who allegedly offloaded the petitioner were posted in Islamabad and performed their official duties at Islamabad Airport. No order, action or judicial proceeding against the petitioner had taken place within the territorial jurisdiction of the Lahore High Court.

The judgment further stated that some FIA officials posted at Lahore Airport had also been made respondents in the petition. However, these officials had no connection with the action of offloading the petitioner. According to the court, they appeared to have been impleaded merely to establish the Lahore High Court’s jurisdiction.

Ayyan Ali case reference rejected

During the hearing, the petitioner also referred to the Ayyan Ali case. However, the court held that the circumstances and legal questions involved in that case were different from those in the present matter. Therefore, the precedent could not be applied to the current case.

What was case about?

Muhammad Awais had challenged his alleged offloading by FIA officials at Islamabad Airport before the Lahore High Court. However, instead of examining the merits of the petition, the court first determined the question of territorial jurisdiction and dismissed the petition.

According to the court’s judgment since the alleged action took place at Islamabad Airport, the petitioner would have to approach the appropriate territorial court for relief.

The judgment also clarifies that under Article 199 of the Constitution, the jurisdiction of a High Court is determined by where the disputed action or cause of action arose.