| Case ID |
00d1d8b4-e056-44a3-a78a-f7a80665dc01 |
| Body |
View case body. Login to View |
| Case Number |
W.P. No. 1752-P of 2019 |
| Decision Date |
Apr 24, 2019 |
| Hearing Date |
Apr 24, 2019 |
| Decision |
In the case of Inamullah Khan Marwat versus Chairman NAB and 5 others, the Peshawar High Court rendered a decisive judgment on April 24, 2019. The court found that the National Accountability Bureau (NAB) did not have sufficient authority under Section 23 of the National Accountability Ordinance, 1999, to place a caution on the petitioner's property at House No. 12-G, Street No. 13, Sector F-7/2, Islamabad without a freezing order as required by Section 12. The court further determined that the lack of a freezing order rendered the caution illegal, leading to the decision to set aside the impugned letter dated April 24, 2017. Consequently, the court directed NAB to remove the caution immediately, allowing the Capital Development Authority (CDA) to issue the necessary clearance certificate to the petitioner, thereby reaffirming the constitutional safeguards against unlawful property seizures. This landmark decision underscores the judiciary's role in upholding legal procedures and protecting individual property rights against arbitrary actions by governmental authorities. |
| Summary |
In the landmark case of Inamullah Khan Marwat versus Chairman NAB and 5 others, decided by the Peshawar High Court on April 24, 2019, the petitioner challenged the National Accountability Bureau's (NAB) authority to place a caution on his property located at House No. 12-G, Street No. 13, Sector F-7/2, Islamabad. The caution was enacted under Section 23 of the National Accountability Ordinance, 1999, following an impugned letter dated April 24, 2017. The petitioner argued that the NAB lacked the requisite legal authority to impose the caution without a corresponding freezing order as mandated by Section 12 of the same ordinance. He contended that the absence of such an order made the caution invalid, effectively barring the NAB from restricting the transfer or use of his property unlawfully.
Represented by Advocate Mr. Jehanzaib Khan Muhammadzai, Inamullah Khan Marwat meticulously presented his case, asserting that while NAB authorities were aware of both properties under caution, only one was subjected to a formal reference (No. 05/2017) filed on August 22, 2017. The petitioner highlighted the inconsistency and potential overreach of the NAB in imposing the caution without the necessary judicial endorsement, thereby infringing upon his constitutional rights as protected under the Constitution of Pakistan, 1973.
On the other side, the respondents, represented by Syed Azeem Dad, Additional DPG, defended the NAB's actions, arguing that as the petitioner was a co-accused or benamidar in the reference against principal accused Yousaf Ali, the immobilization of his property was justified under Ordinance provisions to prevent interference with the investigation or legal proceedings.
After a thorough examination of the evidence and legal arguments presented by both parties, the Peshawar High Court concluded that the NAB had exceeded its authority by placing the caution without securing a freezing order from the competent court, as required by Section 12. The court emphasized that without such an order, the caution could not remain in effect beyond fifteen days without judicial confirmation. Moreover, the court observed that the Chairman of NAB becomes functus officio upon the court taking cognizance of the matter, thereby limiting NAB's power to interfere further.
As a result, the court set aside the impugned caution letter, directing the NAB to lift the caution immediately. This decision allowed the Capital Development Authority (CDA) to proceed with issuing the necessary clearance certificate (NOC/NEC), restoring the petitioner's legal rights to his property without undue governmental interference. This judgment is significant in reinforcing the checks and balances within governmental powers, ensuring that individual property rights are safeguarded against arbitrary actions by accountability institutions. The ruling serves as a precedent for similar cases, emphasizing the necessity of adhering to legal protocols and the paramount importance of judicial oversight in maintaining the rule of law in Pakistan's legal system. Furthermore, the decision underscores the court's commitment to upholding constitutional provisions and protecting citizens from potential abuses of power by regulatory bodies. |
| Court |
Peshawar High Court
|
| Entities Involved |
National Accountability Bureau,
Capital Development Authority
|
| Judges |
Syed Afsar Shah,
Abdul Shakoor
|
| Lawyers |
Jehanzaib Khan Muhammadzai,
Syed Azeem Dad
|
| Petitioners |
Inamullah Khan Marwat
|
| Respondents |
Chairman NAB and 5 others
|
| Citations |
2019 SLD 3206,
2019 PLJ 190
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan, 1973,
National Accountability Ordinance, 1999
|
| Sections |
199,
12,
23
|