Bahria Town Moves Supreme Court Against NAB Property Auction
ISLAMABAD: Bahria Town (Private) Limited has petitioned the Supreme Court of Pakistan to block what it calls an unlawful and malicious effort by the National Accountability Bureau (NAB) to seize and auction its properties, following the Islamabad High Court's dismissal of its case.
Filed on Wednesday, the appeal argues that the High Court's summary decision infringed upon Bahria Town's legal and proprietary rights. Senior counsel Farooq H. Naek stated that the court's order disregarded statutory protections and constitutional safeguards, despite the fact that the case involved no interpretation of constitutional provisions or challenge to the vires of any law. The company has requested that a full bench hear the matter.
Earlier this week, the Islamabad High Court withdrew two key injunctive orders issued on April 15 and June 4, 2025. These orders had temporarily barred NAB from taking action against Bahria Town's assets. With their withdrawal, NAB is now free to proceed with auctions of the disputed properties.
Bahria Town maintains that NAB's actions are illegal and driven by mala fide intent. It alleges that the bureau issued an initial notice on Augest 6, 2025 (Reference No. ZM/PBD/NAB(R)2024/RDMC), followed by additional notices and public postings on March 8. These notices, the company claims, falsely assert NAB's ownership over assets that are legally owned and possessed by Bahria Town.
The company's petition presents several fundamental legal questions to the Supreme Court:
- Can NAB lawfully assign liability through a plea bargain process without formally involving the accused?
- Is it permissible under the National Accountability Ordinance 1999 to impose financial or legal obligations without first completing and submitting a formal investigation report?
- Under the amended proviso to Section 25(b), does a plea bargain agreement automatically lapse if the accused fails to fulfill its terms?
Farooq H. Naek further contended that the High Court's ruling appeared mechanical and perfunctory, as it ignored crucial documentary evidence and applicable legal principles submitted with the petition. He emphasized that a matter of such legal complexity and public significance warrants a thorough and reasoned judicial review, not a summary rejection.
As the case now moves to the Supreme Court, the legal battle between Pakistan's largest private real estate developer and the country's premier accountability agency enters a decisive phase. The outcome could have far-reaching implications for the legal interpretation of plea bargains, property rights, and the accountability process in Pakistan.