Smuggling of migrants, people trafficking: Cabinet approves amendments to FIA laws

ISLAMABAD: The Federal Cabinet has approved amendments in laws of Federal Investigation Agency (FIA) enabling the agency to investigate offences regarding people trafficking and smuggling of migrants.

On July 27, 2021, Interior Division apprised the Cabinet that the Prevention of Smuggling of Migrants Act, 2018 and Prevention of Trafficking in Persons Act, 2018, were enacted by the Federal Government which empower the law enforcement agencies of Pakistan such as Police and FIA to effectively prosecute the human migrant smugglers, traffickers and their accomplices.

The Acts had three important purposes: (i) prevention and combating of smuggling of migrants; (ii) promotion and facilitation of national and international cooperation; and (iii) protection of the rights of smuggled migrants. However, Field Offices of FIA were reluctant to register cases under the provisions of these laws as the same had not yet been notified by the Ministry of Interior for placement in the Schedule of FIA.

In terms of Rule 3 of the FIA Act, 1974 (VIII of 1975), FIA can investigate the offences specified in the Schedule. In terms of Rule 6 of the Act, the Federal Government may, by notification in the official Gazette, amend the Schedule so as to add any entry thereto or modify or omit any entry therein.

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In this regard, a summary for the Cabinet on December 23, 2019 was initiated for consideration / approval of the Cabinet. The Cabinet Division on December 30, 2019 returned the summary with the remarks that a notification would be issued to enforce the newly enacted laws duly vetted by Law & Justice Division and attached along with the summary.

The proposed amendments were discussed in detail with the Ministry of Law. After consultation, the Law & Justice Division opined that: (i) section 8 of the Prevention of the Trafficking in Person Act, 2018 created two investigation agencies for the purpose of two different offences. Under section 8(1) of the 2018 Act the Police was to be an investigation agency in respect of any offence under the said Act, while under section 8(2) of the 2018 Act, if the offence involved transportation of the victim into or out of Pakistan and same constituted part of the transaction constituting the offence, the FIA was designated as the investigation agency; (ii) the general law seems well settled, which was that where a statute specified a particular investigating agency, the same could not be undone through an executive fiat; (iii) however, in the present case the general principle may not be applicable in view of the non-obstante clause contained in section 3 of the FIA Act, 1974. Under section 3 of the FIA Act, 1974 the Federal Government may constitute an agency to be called the FIA for inquiry into and investigation of offences specified in the Schedule to the said Act; while section 6 of FIA Act, 1974 has permitted the Federal Government to amend the Schedule. In other words, the Federal Government can amend the Schedule to the FIA Act, 1974 and despite any other statute providing for a separate investigating agency, the Federal Government in view of the non-obstante clause in section 3(1)read with section 6 of FIA Act, 1974 can confer investigating powers on the FIA; and (iv) therefore, in view of the non-obstante clause contained in section 3(1) the 1974 Act is appears that the statutory mandate of section 8(2) of the 2018 Act can be undone through an executive fiat. Hence, Interior Division was of the revised view that the summary in question was in order.

After a detailed discussion, the Cabinet approved amendments in FIA laws, in order to enable it to investigate offences regarding people trafficking and smuggling of migrants, the newly enacted laws: (i) Prevention of Smuggling of Migrants Act, 2018 and (ii) Prevention of Trafficking in Persons Act, 2018 were proposed to be placed in the Schedule of Offences of FIA Act, 1974.

Copyright Business Recorder, 2021