| Citation(s) |
|---|
| 2026 SLG 1379 2026 SLD 1379 = 2026 PLD 32 |
Peshawar High Court
Writ Petition No. 1361-A of 2024, decided on 29th July, 2025.
Presented By: Before Ijaz Anwar and Dr. Khurshid Iqbal, JJ
Haji Sabir Hussain Tanoli for Petitioners. Arbab Kaleem Ullah, Additional Deputy Prosecutor General for
RespondentNAB. Date of hearing: 29th July, 2025.
Writ Petition No. 1361-A of 2024, decided on 29th July, 2025.
Presented By: Before Ijaz Anwar and Dr. Khurshid Iqbal, JJ
Haji Sabir Hussain Tanoli for Petitioners. Arbab Kaleem Ullah, Additional Deputy Prosecutor General for
RespondentNAB. Date of hearing: 29th July, 2025.
MUHAMMAD AFZAL and others ---Petitioners
VERSUS
NATIONAL ACCOUNTABILITY BUREAU (NAB) through Chairman, Islamabad and others ---Respondents
Law: National Accountability Ordinance, 1999
Section: 12, 13
Law: Constitution of Pakistan, 1973
Section: 23,24
National Accountability Ordinance (XVIII of 1999)--- ----Ss. 12 & 13---Constitution of Pakistan, Arts. 23 & 24---Constitutional petition---Freezing of property---Purchase of such property---Petitioner was aggrieved of freezing order passed against property in question which was owned by accused in a NAB case, which property had been frozen way back in the year 2007 and was sold through accused person s general attorney who happened to be his sister---Validity---Accused person or any other aggrieved party may file claim or objection under S.13 of National Accountability Ordinance, 1999 to a freezing order---Purchaser of frozen property was a third party who could redress grievance under S.13 of National Accountability Ordinance, 1999---High Court declined to interfere in freezing order as petitioner had wrongly pleaded that they had no knowledge or there was no note of caution given to them at the time of attestation of sale mutation in their favour---Provision of S.23 of National Accountability Ordinance, 1999 was not in conflict with Arts.23 and 24 of the Constitution on the principle of reasonable restriction imposed by law---Petitioners did not have any right of hearing as they had got knowledge of freezing order in the event of Reference filed in year 2020 but they did not file any objection or claim---Constitutional petition was dismissed, in circumstances. Ali Trust Pakistan v. Capital Development Authority 2021 PCr.LJ 1738; Khan Asfandyar Wali and others v. Federation of Pakistan through Cabinet Division, Islamabad and others PLD 2001 SC 607; Khan Muhammad Mahesar v. National Accountability Bureau (Sindh) and another 2010 PCr.LJ 579; Mst. Ashi Munir v. National Accountability Bureau, Rawalpindi and others 2019 PCr.LJ 1997; Dr. Muhammad Azam Kast v. The State through Deputy Prosecutor-General, Accountability Court No. 1, Quetta 2012 PCr.LJ 1950; Shuja Khan Baluch v. Capital Development Authority, Islamabad through Chairman and others PLD 2011 Islamabad 25; Shaffat Ibrahim Khan v. Chairman, National Accountability Bureau 2024 PCr.LJ 539 and Mst. Bilqis Bano and another v. Pakistan Defence Officers Housing Authority through Administrator and 5…