Law: National Accountability Ordinance, 1999

Section: 23

National Accountability Ordinance (XVIII of 1999)--- -----S.23---Government of Gilgit-Baltistan Order, 2018, Art.86---Transfer of property---Scope---National Accountability Bureau issued notification under S.23 of the National Accountability Ordinance, 1999, stating therein that the transfer of title or interest or creation of charge on the properties in the name of benamidar of accused shall be void while the inquiry/investigation proceedings were pending before the National Accountability Bureau or Accountability Court challenged the notice before the Accountability Court through an application, which was dismissed---Validity---Chief Court observed that since the petitioner had claimed that he had purchased the land from his own independent means and sources and the same land had been transferred in his name, therefore, it was appropriate to afford him an opportunity to prove his claim by producing evidence before trial Court---Writ petition was partially allowed and the case was remanded to the Trial Court with direction to provide opportunity of producing evidence to the petitioner. JUDGMENT ALI BAIG, JUSTICE.---- This writ petition, filed under Article 71(2) of Gilgit-Baltistan (Empowerment and Self Governance) Order 2009 and Article 86 of Gilgit-Baltistan Governance Order 2018 read with enabling articles of Constitution of Islamic Republic of Pakistan, 1973 against the Notification No.GB.INV/NAB/2012/255 dated 7th July 2014, issued by the respondent and judgments/orders dated 03-12-3016 and 30-12-2016 passed by the learned judge National Accountability Court Gilgit and release of property owned by the petitioner measuring 2 kanals under khasra No.4463/2565/1179 situated at Mouza Jutial Gilgit, frozen in Reference No.03/2016, titled State v. Syed Hadi and others. 2. Precisely facts necessary for disposal of the instant writ petition are that a Reference bearing No.03/2016, titled State v. Syed Hadi, Ex-Secretary Education and others was subjudice in the court of judge National Accountability Court Gilgit-Baltistan and father of the petitioner, namely Mohammad Nasir, is also facing trial before the said court for alleged corruption and corrupt practices.…

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