KARACHI (HRNW): The Sindh High Court (SHC) has dismissed a petition challenging a notice issued by the National Accountability Bureau (NAB) regarding property surrendered during a plea bargain. The court ruled that since the original owner had admitted to selling the property and receiving payment during his lifetime, his heirs cannot legally claim ownership now.
Background of the Dispute
The case pertains to a property allegedly purchased with embezzled funds from the Hyderabad Motorway project. The petitioners had approached the court seeking to nullify a NAB notice directing them to vacate and hand over the property.
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Petitioner’s Argument: The counsel for the petitioners argued that the property belonged to the late Dr. Nadeem Akbar, who was never an accused in any NAB reference. They claimed the NAB notice was illegal and should be set aside.
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NAB’s Counter-Argument: The NAB prosecutor informed the court that the property was acquired through corruption and misappropriation of funds in the M-6 Motorway project. He stated that an accused, Ishtiaq Hussain, confessed to the crime during the investigation and surrendered properties worth over Rs 1.24 billion to the government as part of a plea bargain.
The Court’s Observations and Verdict
A bench of the SHC, after reviewing the evidence, dismissed the petition and upheld NAB’s actions. The court’s decision was based on several key findings:
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Admission of Sale: The court noted that during the investigation, the late Dr. Nadeem Akbar had himself admitted to the investigating officer that he had sold the house to the accused and had received the full payment.
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No Prior Challenge: The court highlighted that Dr. Nadeem never challenged the freezing orders or the plea bargain process at any stage during his lifetime.
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Rights of Heirs: The bench ruled that because the original owner acknowledged the transaction and the receipt of funds, his heirs have no legal standing to claim the property.
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Legality of NAB Notices: The court found no element of illegality in NAB’s proceedings or the notices issued to the occupants, affirming that the accountability process followed due course.
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