Supreme Court adjourns Bahria Town’s appeal, allows submission of additional arguments

Court postpones hearing following IHC ruling permitting NAB to auction attached properties linked to plea bargain

The Supreme Court on Wednesday postponed further proceedings on Bahria Town (Pvt) Ltd’s appeal, allowing the property developer to present additional arguments after the Islamabad High Court’s (IHC) detailed judgment. 

The IHC had earlier permitted the National Accountability Bureau (NAB) to proceed with the auction of properties attached as part of a plea bargain agreement.

A three-judge bench, led by Chief Justice Yahya Afridi and including Justices Muhammad Shafi Siddiqui and Miangul Hassan Aurangzeb, was hearing the appeal against the IHC’s Aug 4 short order. Senior counsel Farooq H. Naek, representing Bahria Town, requested additional time to submit further arguments following the release of the high court’s detailed judgment.

The Chief Justice agreed to adjourn the proceedings indefinitely, allowing the counsel to provide the additional submissions. 

On August 8, a different bench had raised concerns about the rush to auction the properties, especially when the ongoing trials against Zain Malik could impact the confiscation of the assets.

In its 14-page judgment, the IHC upheld the decisions made by Islamabad’s Accountability Court No. 1, rejecting Bahria Town’s petitions. The high court stated that the attachment of properties under Sections 87 and 89 of the Criminal Procedure Code (CrPC) was a lawful measure to compel the appearance of absconding accused persons, including Malik Riaz Hussain and Ahmad Ali Riaz, who were declared proclaimed offenders in January 2024.

The IHC clarified that the attachment of properties was not punitive but a coercive action aimed at ensuring the accused’s presence in court.

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