The Islamabad High Court (IHC) has dismissed petitions challenging the auction of Bahria Town properties, allowing the National Accountability Bureau (NAB) to move forward with the sale. A division bench led by Chief Justice Sarfraz Dogar and Justice Muhammad Asif issued a concise ruling on Tuesday, rejecting the legal obstacles against the auction.
In their brief order, the judges dismissed the writ petitions and recalled earlier injunctions that had temporarily halted the auction process. They indicated that a more detailed explanation of their decision would follow in due course.
During the hearing, Bahria Town’s legal counsel, senior lawyer Farooq H. Naik, contended that the auction notice issued by NAB was unlawful and motivated by bad faith. Naik emphasized that Bahria Town was not involved in the plea bargain agreement at the heart of the case, arguing that the company had been unfairly targeted. He also pointed out that Mr. Zain, who had used Bahria Town properties as collateral, had applied to cancel his plea bargain—a request still pending judicial review. According to Naik, proceeding with the auction while this review is underway is inappropriate.
On the other side, NAB’s prosecutor Rafay Maqsood countered that the plea bargain involved Riaz Malik and his son, who had defaulted on payments agreed upon with NAB. Consequently, under Section 33E of the NAB Ordinance, 1999, the bureau is authorized to recover outstanding dues by auctioning the properties tied to the case.
This ruling represents a significant move for NAB in recovering funds tied to plea bargain agreements, reinforcing its authority to enforce asset seizures despite ongoing legal disputes surrounding the parties involved.