Latest news with #ZainMalik
Business Recorder
6 days ago
- Business
- Business Recorder
LHC issues detailed judgement in Bahria Town properties auction case
ISLAMABAD: The Islamabad High Court (IHC) noted that the amendment in National Accountability Ordinance (NAO) 1999 was made on 16-08-2022, while the plea bargain agreement was admittedly approved before the amendments in NAO, 1999, which is still in field. A division bench of the IHC comprising Chief Justice of IHC Justice Sardar Muhammad Sarfraz Dogar and Justice Muhammad Asif, on Wednesday, issued detailed judgment of his order to turn down the petitions filed against the auction of Bahria Town properties. The judgment, authored by Justice Dogar, said convict/ Zain Malik kept returning the amount of plea bargain after the amendment in NAO. It concluded that prima facie, the convict malafidely discontinued the payment of remaining instalments in connivance with the surety on the pretext of amendment in order to refrain himself from returning the amount gained illegally. The court noted that as per Section 33E of the NAO, 1999 any fine or other sum due under this Ordinance, or as determined to be due by a Court shall be recoverable as arrears of land revenue. In this case admittedly, the determined amount has been approved by the Court, which is due against the petitioner being surety of the convict Zain Malik; therefore, the same can be recovered as arrears of land revenue by the NAB. The court noted that the record shows that Zain Malik was admittedly accused in three references and three investigations. He offered to return the illegal gains acquired by him in the commission of offence. The chairman NAB considered the offer of plea bargain along with affidavit of Zain Malik and determined his total joint liability of over Rs9 billion (Rs9,050,554,034) including the liability in reference No 02/2019. Zain Malik requested for payment in instalments, which was also considered by chairman NAB and accepted the offer of plea bargain. In this regard Rs1 billion was adjusted as down payment in six different cases, whereas, the remaining liability was agreed to be paid in three years. The statement of accused Zain Malik was recorded through Skype/ Video link facility from London, who was duly identified by his counsel. The statement of Col Khalilur Rehman (retired), vice Chief Executive of Bahria Town was also recorded, who acknowledged the sureties against the remaining liability in six different case including the reference No 02/2019. The judgment mentioned that on the application of respondent, the properties were attached vide orders dated 08.01.2024, 12.01.2024 and 19.01.2024 and the claim of the petitioner is that petitioner is independent juristic person and is not responsible for any act or deed of any of its shareholders and that it has never been an accused nor was declared proclaimed offender in reference No 19/ 2023 titled 'The State vs. Imran Ahmed Khan Niazi and others'; therefore, the properties, which are statedly belonging to the petitioner, could not have been attached by the Accountability Court-1, Islamabad. The judge observed that the Section 87 to 89 of the CrPC provide attachment of the property of an absconding accused as a coercive measure to compel his appearance. In this regard, as per Section 87 of the CrPC, when a court has reasons to believe that a person, against whom a warrant has been issued, is deliberately avoiding arrest, it may issue a proclamation requiring the accused to appear at a specified place and time. Copyright Business Recorder, 2025
Business Recorder
07-08-2025
- Business
- Business Recorder
Properties' auction: Bahria Town moves SC against IHC order
ISLAMABAD: M/s Bahria Town (Private) Limited challenged the Islamabad High Court's order, allowing the National Accountability Bureau (NAB) to proceed with the auction for its properties, in the Supreme Court. 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
