| Case ID |
f7addfb9-876e-4c30-ad90-0199c87bf270 |
| Body |
View case body. Login to View |
| Case Number |
C.P. No. D-6652 of 2021 |
| Decision Date |
May 26, 2022 |
| Hearing Date |
|
| Decision |
The Sindh High Court ruled in favor of the petitioner, the Pakistan Post Office Employees Cooperative Housing Society, by setting aside the caution notices issued by the National Accountability Bureau (NAB) under Section 23 of the National Accountability Ordinance, 1999. The court found that the enforcement of these notices was unjustified as there was no evidence of any wrongdoing by the petitioner, who was not an accused in any pending inquiry with NAB. The decision emphasized the importance of natural justice, stating that the petitioner should not be deprived of their right to deal with their property without due process. The court highlighted that the dispute over the land was primarily between private parties and not involving the government, thus the NAB had no grounds for interference. |
| Summary |
The case revolves around the constitutional petition filed by the Pakistan Post Office Employees Cooperative Housing Society challenging multiple caution notices issued by the National Accountability Bureau (NAB) under Section 23 of the National Accountability Ordinance, 1999. The petitioner argued that the notices unjustly restrained them from transferring their land, impacting their ability to allot plots to society members. The Sindh High Court examined the validity of the NAB's actions, noting that there was no evidence linking the petitioner to any illegal activity. The court underscored that the land dispute was between private parties and highlighted the need for due process and adherence to natural justice principles. The ruling emphasized that without exercising the powers of freezing property under Section 12 of the Ordinance, Section 23 could not be enforced. The decision is significant for its reinforcement of property rights and the limitations on the NAB's authority, which, if unchecked, could infringe upon legal rights without just cause. This case illustrates the balance between accountability measures and the protection of individual rights in property matters. |
| Court |
Sindh High Court
|
| Entities Involved |
National Accountability Bureau,
Federation of Pakistan,
Pakistan Post Office Employees Cooperative Housing Society
|
| Judges |
MUHAMMAD IQBAL KALHORO,
AGHA FAISAL
|
| Lawyers |
M. Sarmad Khan,
Muhammad Qasim Iqbal,
Zeshan Adhi,
Asad Iftikhar,
Shahbaz Sahotra,
Waqar Anwar
|
| Petitioners |
PAKISTAN POST OFFICE EMPLOYEES COOPERATIVE HOUSING SOCIETY
|
| Respondents |
FEDERATION OF PAKISTAN through Secretary and others
|
| Citations |
2022 SLD 3261 = 2022 PCRLJ 1687
|
| Other Citations |
2021 PCr.LJ 1738
|
| Laws Involved |
National Accountability Ordinance, 1999,
Constitution of Pakistan, 1973
|
| Sections |
12,
23,
199
|