Properties' auction: Bahria Town moves SC against IHC order
A division bench of IHC, comprising Chief Justice Sardar Mohammad Sarfraz Dogar and Justice Muhammad Asif on August 05, 25 dismissed Bahria Town's petition, through a short-impugned order; 'The injunctive order issued on 15.04.2025 passed in writ petition No. 1368 of 2025 and order dated 04.06.2025 passed in W.P No. 2248 of 2025 are hereby recalled.'
M/s Bahria Town (Private) Limited, on Wednesday, through Farooq H Naek, filed an appeal against the IHC order under Article 185(3) of the Constitution. It asked the apex court that a regular bench hear the appeal, as no vires of any law have been challenged or interpretation of any constitutional provision is involved in the case.
The petition raised questions whether, in view of the amended proviso to Section 25(b) of the National Accountability Ordinance, 1999, the plea bargain agreement automatically becomes inoperative and unenforceable upon the accused's failure to fulfill the terms and conditions stipulated therein?
Whether the NAB authorities can lawfully determine or attribute any liability arising out of a plea bargain agreement in the absence of the accused and without associating the accused in such proceedings?
Whether NAB can impose any financial or legal liability upon a person without first preparing and concluding an investigation report in accordance with law?
According to the petition, Zain Malik, son-in-law, was accused in three references and investigations of NAB. He later entered into plea bargain agreement with the NAB under Section 25(b) of the National Accountability Ordinance, 1999.
The said plea bargain agreement was duly approved by the Accountability Court, Islamabad, vide orders dated 11.08.2020 and 24.08.2020. Upon the request of Zain Malik, the petitioner/Bahria Town (Private) Limited, mortgaged its eight commercial properties (Media House, Rawalpindi; Agricultural Land, Islamabad; Bahria Town Corporate Office-I and II, Rawalpindi; Rubaish Marquee, Islamabad; Arena Cinema, Rawalpindi; Bahria Town International Academy, Rawalpindi; and Safari Club, Rawalpindi) through Memorandum of Title Deeds in favour of NAB as security for the liability of Zain Malik.
Out of the eight properties, NAB released two properties (Media House and Agricultural Land) upon payment of two installments by Zain Malik, while six properties still remained mortgaged in favour of the NAB.
Zain Malik failed to make further payments in accordance with the terms of the plea bargain agreement which were duly approved by the Accountability Court, Islamabad. As a consequence of this non-compliance, the plea bargain agreement automatically became inoperative with respect to the rights and obligations of the parties.
It said that despite amended Section 25(i) of National Accountability (Second Amendment) Act, 2022, the NAB vide letter dated 6-2-2024 called upon Zain Malik to appear in person and justify the reason of delay of payment of outstanding installments in compliance of plea bargain agreement and orders of Accountability Court I, Islamabad.
The petitioner being aggrieved by the actions of the NAB, approached the Accountability Court (AC), Islamabad, seeking cancellation and withdrawal of the impugned notices and letter. However, the AC the application on 19-03-25.
The petitioner then challenged the Accountability Court's order before the IHC, which on 15-04-25 passed restraining order. However, the IHC on August 5, 25 dismissed the petition through short impugned order.
Farooq H Naek contended that the IHC order infringing upon the petitioner's proprietary rights and violating the applicable statutory and constitutional provisions. It shows that it has been passed in a mechanical manner and the Honourable High Court, Islamabad has ignored all the material attached with the writ petition and the relevant law regarding the subject matter, he added.
It said that the courts below ignored the fact that the NAB is unlawfully attempting to impose its illegal demand upon the petitioner without any legal justification, while acting beyond its legal authority and disregarding the law and constitutional guarantees under the constitution.
It prayed that leave to appeal against the impugned order dated 05.08.2025, passed by IHC may very kindly be granted.
Copyright Business Recorder, 2025
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