Law: National Accountability Ordinance, 1999

Section: 10,32

Summary of Case The petitioner challenged orders passed in a NAB reference seeking release of properties that had already been forfeited by the Accountability Court after conviction of the original owners under the National Accountability Ordinance, 1999. The petitioner claimed ownership as a bona fide purchaser through civil court decrees. However, the Court held that the properties had already been validly forfeited in 2002 after conviction, which was upheld up to the Supreme Court, and therefore the alleged sale in 2009 was void. Since the petitioner’s purchase occurred after forfeiture, no lawful title could be created. Civil court decrees were also found ineffective as NAB was not impleaded. The petition was dismissed. Sections / Legal Provisions Used Section 10 — National Accountability Ordinance (NAO), 1999 (conviction & forfeiture of assets) Section 32 — NAO, 1999 (appeal before High Court against Accountability Court order) Schedule of NAO, 1999 — reference for punishable offences and amendments 2 Two-Word Case Descriptions Forfeited Property Void Purchase ORDER Through this petition, the petitioner claims as under: “1 Declare that the Impugned Orders dated 23.7. 2018 and 09.10.2018 passed in the NAB Reference No 44/2001 (The State Vs Abdul Aziz Memon & Another) are void ab initio and having nullity under law and set aside the same. Declare that the Petitioner is lawful owner of the subject properties. Direct the Respondent to release the aforementioned subject properties to Petitioner, Pass any other and further orders which this Honourable Court may deem fit and proper, in the interest of justice.” Learned counsel for the petitioner contends that the petitioner was bona fide purchaser of the properties viz. Bungalow No.15, Street No.30, Khayaban-e-Shamsheer, Phase-V, Ext DHA, Karachi and Plot No. A-21/4-1, KDA Scheme 1-A, Ext, Karachi, purchased from one Fareeda Aziz Memon wife of Abdul Aziz Memon. He contended that the properties   were involved in a reference filed by National Accountability Bureau against the Abdul Aziz Memon and Fareed Aziz Memon. On conclusion of trial, Learned Accountability…