Law: National Accountability Ordinance, 1999

Section: 12,23

Law: Constitution of Pakistan, 1973

Section: 199

National Accountability Ordinance (XVIII of 1999)--- ----Ss. 12 23---Constitution of Pakistan, Art. 199---Constitutional petition---Freezing and caution---Applicability---Restraining transfer of assets without freezing order---Effect was a cooperative housing society and aggrieved of notice under S. 23 of National Accountability Ordinance, 1999, restraining it from alienation of any land---Validity---Dispute over land was between private persons i.e. petitioner and beneficiaries of tampering in record of rights---Government had nothing to do with it and had not suffered any loss in any terms, nor at any point in time had its land involved or come under question to warrant interference by National Accountability Bureau (NAB)---Determination of title of land in favour of either party was pending in a civil suit---In inquiry by NAB nothing against petitioner was being looked into---Report of inquiry upheld claim of petitioner over land and showed that it was petitioner which was at receiving end from machinations of revenue officials done in league with some private persons---Provision of S. 23 of National Accountability Ordinance, 1999, was meant to hamper accused from creating third party interest in property acquired through illegal means and thereby making it difficult for the government to retrieve it but no such situation was extant---Endless enforcement of caution was harsh and to the detriment of only petitioners right to deal with its land in accordance with law, and was ergo against tenets of natural justice---Without first exercising powers of freezing property under S. 12 of National Accountability Ordinance, 1999, S. 23 of National Accountability Ordinance, 1999, could not be pressed into service---High Court High declined to give carte blanche to NAB to deprive owner to deal with his property when he was not an accused in any enquiry or investigation pending with NAB on allegations of acquiring said property through illegal means and when there was no chance of his alienating the property by creating third party interest in it and thus making it difficult for the government to recover it---High Court set aside caution notices issued by…

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