Case Details

Citation(s)
2023 SLG 4000 2023 SLD 4000
Islamabad High Court
Criminal Appeal No.206-2022
  (MOHSIN AKHTAR KAYANI)     (ARBAB MUHAMMAD TAHIR) JUDGE
Appellant by
Respondents by Date of Hearing : Raja M. Aleem Khan Abbasi, ASC. : Mr Muhammad Rafey Maqsood, Special Public Prosecutor, NAB. Malik Uzair Rehan, Assistant Director, NAB. : 09.03.2023

Nisar Ahmed Afzal & another

VERSUS

National Accountability Bureau (NAB) through its Chairman & another

Law: National Accountability Ordinance, 1999

Section: 12

Law: Anti Money Laundering Act, 2010

Section: 8

The judgment addresses multiple appeals and a writ petition related to asset freezing and allegations of fraud.Key Points from the JudgmentParties Involved:Appellant: Nisar Ahmed AfzalRespondent: National Accountability Bureau (NAB)Multiple appeals and a writ petition are discussed, including Crl. Appeal Nos. 206/2022, 207/2022, and W.P. No. 1652/2022.Background of the Case:The case revolves around allegations that Nisar Ahmed Afzal's brother, Saghir Ahmed Afzal, mortgaged properties in the UK at inflated prices to secure loans totaling £6,885,625.Saghir was sentenced in the UK for obtaining property through deception and was ordered to pay a substantial amount due to his criminal conduct.NAB's Actions:NAB initiated inquiries based on a request from the UK's Serious Fraud Office (SFO) for asset recovery.The NAB froze assets belonging to Nisar Ahmed Afzal under claims they were proceeds of crime.Legal Arguments:The appellant's counsel argued that NAB lacked authority to act as a recovery agency for foreign states and that investigations had been dropped in the UK.NAB contended that the appellant was involved in criminal activities and that the freezing orders were valid under Pakistani law.Court's Findings:The court found that since amendments to the National Accountability Ordinance had occurred, the jurisdiction of NAB under this ordinance was no longer applicable.It directed NAB to conclude its investigations and file a complaint with the Court of Sessions if sufficient evidence was available.Conclusion:The court emphasized that any future proceedings should consider recent legal changes and developments in the UK regarding the appellant's case.This judgment reflects complex legal interactions between Pakistani authorities and foreign law enforcement regarding asset recovery and accountability for alleged financial crimes.JUDGMENT; Arbab Muhammad Tahir, J.- Through this consolidated judgment, we shall decide the following criminal appeals, involving common questions of law and facts.- 1.    Crl. Appeal No.206/2022, Nisar Ahmed Afzal v. National Accountability Bureau through Chairman &…
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