FIA Act

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.

The preamble of the FIA Act establishes the agency primarily for inquiry and investigation of certain offenses related to the Federal Government, which is more comprehensive than just trial or investigation alone. Hence, option C best captures the purpose.

Under the FIA Act, an arrest can be made both after the commission of an offence and on reasonable suspicion of commission of an offence, allowing authorities to act proactively in investigations.

The Director General of the Agency exercises powers similar to those held by the Director General of Intelligence Bureau, Inspector General of Pakistan Railways Police, and Inspector General of Police, encompassing broad authority in their respective domains. Therefore, 'All of these' is the correct choice.

The superintendence of the Federal Investigation Agency (FIA) vests in the Ministry of Interior, which oversees the agency's operations and administration as per the FIA Act and government structure.