Islamabad: Islamabad High Court (IHC) has restrained FIA from holding inquiry again on the same incident and allegations.

Chief Justice (CJ) IHC Sarfraz Dogar while issuing written decision on the petition of Mir Wais maintained new inquiry can not be conducted on old allegations.

According to decision the FIA Abbottabad had earlier closed this matter after completing the inquiry into allegations and incident . First inquiry was finalized on the basis of record and it was closed formally.

According to counsel FIA Islamabad has started inquiry again after too much time on these allegations despite closure of first inquiry.

The court has maintained the current inquiry does not relate to any new or separate incident but it is based on the same incident and same allegations which have already been reviewed.

IHC maintained inquiry cannot be started again on the same allegations merely due to change of office or investigation officer.

The act of conducting inquiry again on the basis of the same facts and allegations runs contrary to constitutional protection.

The court ordered that the inquiry which was finalized and closed by FIA Abbottabad cannot be reopened.

It has been said in the decision conducting the inquiry again on the same matter is tantamount to face double jeopardy by the accused.

IHC declared the inquiry launched by FIA again and notice issued under section 160 of criminal procedure against legal powers.

The court restrained FIA Islamabad from advancing inquiry further on these facts.

According to decision the inquiry started later against Mir Owais on this incident and allegations has no legal impact.

It is pertinent to mention here Mir Owais had resorted to IHC in the matter of initiation of inquiry by FIA against him.

He had taken the plea in the petition FIA Abbottabad has already finalized the inquiry and closed it.

IHC wrapped up the petition against holding inquiry again.