ISLAMABAD(National Times)- The Supreme Court on Wednesday cleared the way for the Federal Investigation Agency (FIA) to reopen a departmental inquiry against officials allegedly linked to the fatal 2023 Greek migrant boat capsize tragedy.
However, the court rejected the FIA’s appeal against an April 14 Federal Service Tribunal (FST) ruling, upholding the order to reinstate the dismissed FIA officers.
A three-judge Supreme Court bench, headed by Justice Muhammad Ali Mazhar, took up appeals moved by the Directorate General Federal Investigation Agency (FIA) challenging the FST order.
Pursuant to the Greece boat tragedy of 2023, FIA had penalised and dismissed 40 officers who were found to have allegedly facilitated the human smuggling of vulnerable individuals.
Around 286 people departed from Libya, of whom 155 were killed when the boat capsized off the coast of Greece.
Representing FIA, Deputy Attorney General Raja Shafqat Abbasi argued that the FST had set aside the dismissal orders merely on technical and procedural lapses, such as the non-compliance of procedure and a lack of opportunity for cross-examination.
He argued that officers posted at the time at the Lahore, Karachi and Multan airports were under a statutory duty under their job descriptions to properly scrutinise tickets, passports, visas and the purpose of the visits to Libya, noting it was a war-torn country rather than a tourist destination.
It was the duty of the officers to apply their minds as to why more than 286 persons were travelling to Libya from different airports of the country, Mr Abbasi said.
The counsel submitted that there was at least gross omission and negligence, amounting to direct facilitation on the part of these officials, which enabled human smugglers to traffic innocent citizens from Pakistan to Libya and onward to Europe via a sea route.
This led to the deaths of 155 Pakistanis and caused serious damage to the image of Pakistan internationally, he added.
Mr Abbasi contended that if there was any procedural lapse in holding the departmental inquiry, the accused officials were not entitled to a “clean chit” of reinstatement in the job.
At most, a fresh opportunity should be given to the FIA to conduct a de novo inquiry after providing a due opportunity for hearing and cross-examination, so that appropriate action may be taken against those found responsible in accordance with the law, the counsel contended.
Concluding the hearing, the Supreme Court referred the matter to the FIA to initiate a fresh inquiry, if they deem it fit, in accordance with the law against the officials for whom evidence was on the record, after giving the officials an opportunity for a hearing.
