Law: National Accountability Ordinance, 1999

Section: 12,23

National Accountability Ordinance (XVIII of 1999)--- ----Ss. 12 & 23---Caution placed on house, removal of---Property of Benamidar---Petitioner was shown as benamidar in reference and his house was placed under caution and restriction was imposed upon his property under S.23 of National Accountability Ordinance, 1999---Petitioner sought setting aside of caution on grounds that no freezing order was passed against house owned by him---Validity---Though house in question was in knowledge of NAB but even then no freeing order as required under S.12 of National Accountability Ordinance, 1999 was passed which otherwise, if at all, unless confirmed by court, would not remain in field beyond 15 days---National Accountability Authorities were having no power to place any embargo on transfer of house in question of petitioner by invoking provision of S.23 of National Accountability Ordinance, 1999---Letter restraining embargo on house was not issued in accordance with law---High Court directed authorities to remove caution placed on house in question---Constitutional petition was allowed in circumstances. THIS JUDGMENT DELIVERED BY: SYED AFSAR SHAH, J.--- Inam Ullah Khan Marwat, the petitioner, through the instant constitutional petition, has asked for the issuance of an appropriate writ declaring that the order dated 24.04.2017 of NAB authorities, whereby, his house No.12-G, Street No.13, Sector F-7/2, Islamabad has been placed under 'caution' and, pursuant thereto, the CDA refused to issue clearance certificate thereof, being nullity in the eye of law is of no legal effect whatsoever. He has also asked for the issuance of an appropriate writ directing the respondents to remove the 'caution' by issuing him clearance certificate of the aforesaid house/ property. 2. The learned counsel appearing on behalf of the petitioner contended that when the house/property in question (House No.12-G, Street No.13, Sector F-7/2, Islamabad) is not the part and parcel/subject matter of the reference, filed against the principal accused Yousaf Ali, wherein, the petitioner has allegedly been shown as benamidar for him (the principal accused) regarding House No.03, Sector F-11/4,…

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