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Begging Alone does not Constitute Trafficking unless Coercion or Exploitation is involved --- Lahore High Court, Lahore upheld the FIA’s Authority to Investigate Cross-Border Trafficking

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Begging Alone does not Constitute Trafficking unless Coercion or Exploitation is involved --- Lahore High Court, Lahore upheld the FIA’s Authority to Investigate Cross-Border Trafficking

Islamabad 29-01-2025: In a significant ruling on October 21, 2024, Mr. Justice Tariq Saleem Sheikh dismissed a Constitutional Petition filed by Sadiq Hussain and another Petitioner seeking to quash [FIR No. 215/2024], registered under the Prevention of Trafficking in Persons Act, 2018 (PTPA), Emigration Ordinance, 1979, and Pakistan Penal Code (PPC). The FIR alleged the involvement of the Petitioners in facilitating human trafficking for organized begging under the guise of Umrah visas.

The case emerged when FIA Immigration officers at Multan Airport intercepted eight passengers en route to Saudi Arabia. The passengers raised suspicion due to insufficient financial resources, lack of return tickets, and mandatory hotel bookings. Baggage searches revealed 900 boxes of cigarettes and 70 boxes of nicotine pouches, which are often linked to organized beggary. Investigations indicated that Sadiq Hussain and his associates had charged the passengers between Rs. 160,000 and Rs. 170,000 per visa, with an agreement that they would engage in begging abroad to settle the remaining payment. The FIA subsequently registered an FIR citing Sections 3 and 4 of PTPA, Section 22(b) of the Emigration Ordinance, and Section 109 of PPC.

The Petitioners challenged the FIR under Article 199 of the Constitution, arguing that it violated their fundamental rights under Articles 15 and 20, which guarantee freedom of movement and religion. They contended that the cited legal provisions did not apply to their case and claimed the FIA’s actions were a misuse of authority.

The Court clarified that begging alone does not constitute human trafficking unless elements of coercion, debt bondage, or exploitation by organized criminal groups are present. The case required further investigation to determine whether the alleged activities fell under the PTPA or the Punjab Vagrancy Ordinance, 1958.

The Court emphasized that the FIA has legal authority under the PTPA and Section 54 of the Cr.P.C. to investigate and prevent trafficking offenses, particularly those involving cross-border movement.

Mr. Justice Tariq Saleem Sheikh noted that victims of trafficking cannot be criminally liable under Section 6 of PTPA and should instead serve as witnesses to strengthen the prosecution against traffickers.

The Court underscored that FIRs cannot be quashed unless there is clear evidence of abuse of process or lack of jurisdiction. It relied on precedents set in Bashir Ahmad Vs. Zafar-ul-Islam (PLD 2004 SC 298) and Ajmeel Khan Vs. Abdur Rahim (PLD 2009 SC 102) to uphold the principle that criminal investigations must proceed through proper legal channels.

The Lahore High Court concluded that there were no grounds to quash the FIR, as the allegations warranted further investigation. The Court dismissed the petition, reinforcing the state’s commitment to combating human trafficking and organized crime, while ensuring that the investigation adheres to procedural safeguards.