| Case ID |
0aabac9d-8b3a-410e-a4d5-3496dc674af3 |
| Body |
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| Case Number |
D-4198 of 2021 |
| Decision Date |
Nov 08, 2021 |
| Hearing Date |
|
| Decision |
The Sindh High Court, in a decision dated November 8, 2021, addressed the constitutional petition filed by Babar Mirza Chughtai regarding the restrictions imposed on his property under Section 23 of the National Accountability Ordinance, 1999. The court acknowledged that the petitioner was operating a housing scheme and was facing inquiries initiated by the NAB based on complaints from 39 individuals. The court ruled that the caution under Section 23 would remain particularly applicable to those 39 units, while allowing the petitioner to continue work on the remaining units and provide possession to other owners in accordance with the law. The court emphasized that the dispensation was subject to any future complaints received by the NAB and clarified that the petitioner could not sell or alienate the units to third parties outside of the actual allottees. The petition was disposed of in these terms, allowing for potential redress before relevant forums as per law. |
| Summary |
This case revolves around the legal implications of the National Accountability Ordinance, 1999, particularly Section 23, which restricts property transfers under certain conditions. The petitioner, Babar Mirza Chughtai, was confronted with legal challenges stemming from complaints by a group of 39 individuals regarding additional charges related to a housing project he acquired after prior litigation. The Sindh High Court's decision provides a critical analysis of the balance between regulatory caution and the rights of property owners, emphasizing the need for compliance with legal standards while allowing for the continuation of construction and property management. This case highlights the intersection of property law, accountability measures, and constitutional rights, making it a significant reference for future cases involving similar legal frameworks. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD IQBAL KALHORO,
SHAMSUDDIN ABBASI
|
| Lawyers |
Hafeezur Rahman
|
| Petitioners |
BABAR MIRZA CHUGHTAI
|
| Respondents |
NATIONAL ACCOUNTABILITY BUREAU through Chairman, NAB and 2 others
|
| Citations |
2023 SLD 1153,
2023 YLR 776
|
| Other Citations |
Not available
|
| Laws Involved |
National Accountability Ordinance, 1999,
Constitution of Pakistan, 1973
|
| Sections |
23,
199
|