Auction suspension: SC turns down Bahria Town's plea
A three-judge bench headed by Justice Aminuddin Khan and comprising Justice Naeem Akhtar Afghan and Justice Miangul Hassan Aurangzeb on Friday heard an appeal of Bahria Town against the IHC's short order.
A division bench of the IHC on August 5, 25, dismissed the petitions of Bahria Town, and stated: 'The injunctive orders issued by this Court vide order dated 15.04.2025 passed in W.P No.1368 of 2025 and order dated 04.06.2025 passed in W.P No.2248 of 2025 are hereby recalled.'
During the proceeding, Farooq H Naek, appearing on behalf of Bahria Town, prayed that stay order be granted against the IHC's order. However, Justice Amin declined the request saying how come the stay order be issued without hearing the other side.
Justice Naeem questioned what the National Accountability Ordinance says about plea bargain? He noted that if an accused challenges the plea bargain process then it becomes inoperative, adding in the instant matter the accused has challenged the plea bargain, and the applications against them are pending, but the properties are being auctioned.
Justice Naeem observed that instead of main petition only the Civil Miscellaneous Applications (CMA) were fixed for hearing Friday (Aug 8), adding how come they can hear the CMAs without hearing the main petition. Naek told that he came to know about this case late at night, adding still the case is not issued on the cause list. The counsel stated thanks God that he was in Islamabad, therefore, appearing before the bench.
The bench ordered Naek to file more documents pertaining to the case. Justice Naeem noted that Bahria Town's case is based on three NAB references, while they do not have copies of the references before the Court. Justice Naeem, therefore, ordered Farooq Naek to attach the documents with the application, so that may know what is the actual case? Naek said he would supply the documents tomorrow.
M/s Bahria Town (Private) Limited on August 6, filed an appeal against the IHC's 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?
The case is adjourned until August 13.
Copyright Business Recorder, 2025
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ISLAMABAD: The Supreme Court turned down M/s Bahria Town (Private) Limited's plea to halt the auction of its properties, but issued notices to the respondents. A three-judge bench headed by Justice Aminuddin Khan and comprising Justice Naeem Akhtar Afghan and Justice Miangul Hassan Aurangzeb on Friday heard an appeal of Bahria Town against the IHC's short order. A division bench of the IHC on August 5, 25, dismissed the petitions of Bahria Town, and stated: 'The injunctive orders issued by this Court vide order dated 15.04.2025 passed in W.P No.1368 of 2025 and order dated 04.06.2025 passed in W.P No.2248 of 2025 are hereby recalled.' During the proceeding, Farooq H Naek, appearing on behalf of Bahria Town, prayed that stay order be granted against the IHC's order. However, Justice Amin declined the request saying how come the stay order be issued without hearing the other side. Justice Naeem questioned what the National Accountability Ordinance says about plea bargain? He noted that if an accused challenges the plea bargain process then it becomes inoperative, adding in the instant matter the accused has challenged the plea bargain, and the applications against them are pending, but the properties are being auctioned. Justice Naeem observed that instead of main petition only the Civil Miscellaneous Applications (CMA) were fixed for hearing Friday (Aug 8), adding how come they can hear the CMAs without hearing the main petition. Naek told that he came to know about this case late at night, adding still the case is not issued on the cause list. The counsel stated thanks God that he was in Islamabad, therefore, appearing before the bench. The bench ordered Naek to file more documents pertaining to the case. Justice Naeem noted that Bahria Town's case is based on three NAB references, while they do not have copies of the references before the Court. Justice Naeem, therefore, ordered Farooq Naek to attach the documents with the application, so that may know what is the actual case? Naek said he would supply the documents tomorrow. M/s Bahria Town (Private) Limited on August 6, filed an appeal against the IHC's 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? The case is adjourned until August 13. Copyright Business Recorder, 2025
