The Supreme Court on Wednesday cleared the way for a fresh FIA boat tragedy probe into agency officials allegedly linked to the fatal 2023 migrant boat capsize off Greece, while refusing to overturn an order that reinstated 40 dismissed officers.
A three-judge bench headed by Justice Muhammad Ali Mazhar heard appeals by the Directorate General of the Federal Investigation Agency (FIA) against an April 14 ruling of the Federal Service Tribunal (FST), the body that decides service disputes for federal employees. The court upheld the tribunal’s reinstatement order but referred the matter back so the FIA may open a new inquiry, if it deems fit, against officials for whom evidence is on record—after giving them a proper hearing.
Why the officers were dismissed
After the Greece boat tragedy in 2023, the FIA had penalised and dismissed 40 officers it said had allegedly helped facilitate human smuggling of vulnerable travellers. Around 286 people departed from Libya; 155 were killed when the vessel capsized off the Greek coast. Representing the agency, Deputy Attorney General Raja Shafqat Abbasi told the court that those deaths included 155 Pakistanis and had also harmed Pakistan’s international standing.
Mr Abbasi said officers then posted at Lahore, Karachi and Multan airports were duty-bound to check tickets, passports, visas and the purpose of travel to Libya, which he described as a war-torn country rather than a tourist destination. He argued they should have questioned why more than 286 people were flying to Libya from different Pakistani airports, and that at least gross omission and negligence had effectively enabled smugglers to move citizens via Libya and on by sea toward Europe.
What the FIA asked the court to do
The agency’s counsel submitted that the FST had set aside the dismissals mainly for technical and procedural failings—such as not following the prescribed process and not allowing cross-examination. He argued that a procedural lapse should not amount to a “clean chit” of reinstatement. At most, he said, the FIA should get a fresh chance to run a de novo inquiry—an inquiry started again from the beginning—with a fair hearing and cross-examination so that action can still be taken against anyone found responsible under the law.
What the Supreme Court directed
Concluding the hearing, the Supreme Court referred the case to the FIA to begin a fresh inquiry, if the agency considers it appropriate and in line with the law, against those officials for whom evidence already exists on the record, after offering them an opportunity to be heard. In practical terms, the FIA boat tragedy probe may resume on a lawful footing, but the 40 officers remain reinstated under the tribunal order the court left intact.
Timeline: what has happened so far
- 2023: A migrant boat capsizes off Greece after about 286 people leave Libya; 155 are killed, with FIA counsel later telling the court the dead included 155 Pakistanis.
- 2023 (aftermath): The FIA penalises and dismisses 40 officers alleged to have facilitated human smuggling linked to the tragedy.
- April 14: The Federal Service Tribunal orders reinstatement of the dismissed officers, citing procedural lapses in the earlier process.
- Wednesday: The Supreme Court upholds that FST order, rejects the FIA’s appeal against reinstatement, and allows the agency to launch a fresh, due-process inquiry if it deems fit.
Aasan alfaaz mein
Supreme Court ne FIA ko ijazat di hai ke woh Greece boat tragedy se linked afsaron ki nayi departmental inquiry shuru kar sakti hai, agar woh chaahe. Saath hi court ne Federal Service Tribunal ka faisla barqarar rakha, jisme 40 dismiss kiye gaye afsaron ko wapas job di gayi thi. Yeh case 2023 ke us hadsay se judta hai jisme Libya se niklne wali boat Greece ke paas doobne se 155 log mare. Aam logon ke liye yeh faisla is baat ko dobara kholta hai ke airport duty pe afsaron ki zimmedari aur due process dono kitne zaroori hain.
