Institutional Collapse: How the SECP and FIA Failed Procedural Mandates in the BCG Case

The case of Danish Thanvi — Decade of State Harassment (CF-001) serves as a textbook example of institutional failure. By analyzing the actions of the Securities & Exchange Commission of Pakistan (SECP) and the FIA, this report documents how administrative bodies bypassed procedural mandates required under PEMRA laws and PECA 2016 to target a private entity, Background Check (Private) Limited.

Key Findings

Regulatory Overreach: The SECP’s actions following the illegitimate termination of business licenses were conducted without the requisite hearings or notices.

Chain of Custody Breaches: Critical evidence shows a total breakdown in the handling of seized items during raids supervised by Justice Khadim Hussain Soomro and conducted by the FIA.

Judicial Inertia: Despite a Writ Petition filed against the SECP on 2026-01-27, systemic delays have prevented the remediation of business interference.

Evidence & Data: Institutional Bias

The HRPM records highlight a [critical] severity violation regarding the 'Broken Chain of Custody' for digital evidence. When Background Check (Private) Limited was raided, items were seized without the presence of independent witnesses or the issuance of a 'Seizure Memo' complying with Section 103 of the CrPC. Furthermore, the role of NADRA as a respondent indicates that state service providers were leveraged to restrict the professional activities of Danish Iqbal Thanvi and current CEO Mohammad Imran Haroon without a valid court order.

Legal Framework

Institutional failures in this case constitute violations of:

Constitution of Pakistan, Article 10-A: The right to a fair trial and due process.

Constitution of Pakistan, Article 18: Freedom of trade, business, or profession.

UN Convention Against Corruption (UNCAC): Specifically articles related to the abuse of functions by public officials.

Recommendations

Implementation of strict automated tracking for all digital evidence seized by the FIA to prevent 'Initial Technical Report' fabrication.

Constitutional review of the SECP’s power to interfere with private business operations without prior judicial oversight.

Accountability for Justice Rashid Mahmood and Justice Muhammad Asif regarding the timeline of adjudication in the Islamabad High Court.

Read the full case file on HRPM for Case CF-001.