FIA Act

The FIA Act applies to employees of all corporations set up or controlled by or under the authority of Federal as well as Provincial Governments, making option C the most accurate. Options A and B are incomplete or less precise, and D is incorrect.

The Pakistan Special Police Establishment was established in 1962 to investigate corruption and other special crimes. Options A and B are incorrect as the establishment did not exist in those years, and option D is incorrect because 1962 is the correct year.

Under the FIA Act, a person arrested can be detained either at a police station set up by the police or at any place declared as a police station by the authorities. Therefore, both options A and B are correct, making option C the right choice.

Under the FIA Act, the power of arrest without a warrant is typically entrusted to a Sub-Inspector, who has the authority to arrest suspects during investigations. Constables and Assistant Sub-Inspectors generally do not have this power independently.

Section 20 of the Pakistan Penal Code 1860 specifically defines the term 'public servant.' This section lists various categories of individuals considered public servants under the law, making option B the correct answer.

The FIA Act primarily governs the Federal Investigation Agency and includes provisions related to Pakistan Railways Police and Islamabad Capital Territory Police, but it does not contain provisions pertaining to Azad Jammu and Kashmir (AJK) Police, which is governed separately.

Section 5 of the Federal Investigation Agency Act contains the powers of the members of the Agency. This section grants FIA members comprehensive authority to investigate offences, including entering and searching premises, seizing documents and electronic devices, arresting without warrant, and compelling witnesses. This confirms that option B (Section 5) is the correct answer.

The Director General of the Federal Investigation Agency (FIA) is appointed by the Federal Government of Pakistan, as per the FIA Act. This is a standard administrative appointment made by the federal executive authority.

The Federal Investigation Agency (FIA) Act applies to public servants and employees involved in federal investigations, but it also applies to all citizens of Pakistan wherever they may be, as well as any other person present in Pakistan. Therefore, the statement that the FIA Act is applicable to all citizens of Pakistan (option B) is actually correct. However, the FIA Act is not applicable to all employees in general, only those related to federal government or public sector entities. The statement that the FIA Act is applicable to all employees (option C) is ambiguous and generally incorrect. The statement that the FIA Act is applicable to public servants (option A) is correct. Since the question asks which statement is incorrect, option C is the incorrect statement, not B. The original question incorrectly marked B as incorrect. The correct answer should be C. The explanation is updated accordingly.

According to the Federal Investigation Agency Act, 1974 (FIA Act), specifically section 5(5), if a member of the FIA conducting an investigation apprehends that any property which is the subject matter of the investigation is likely to be removed, transferred or otherwise disposed of before an order of the appropriate authority for its seizure is obtained, such member may issue a written order restraining the owner or any person in possession of the property from removing, transferring or disposing of it except with the prior permission of that member. This order is subject to any order made by the court having jurisdiction in the matter. Therefore, the authority to issue an order to restrain the transfer of property under investigation is a member of the Agency (FIA), not the Federal Government directly or the Ministry of Interior. The Federal Government constitutes the FIA and has superintendence over it, but the power to issue such restraining orders is delegated to members of the Agency conducting the investigation. Hence, the correct answer is B: Member of the Agency.