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ISLAMABAD, Aug 08 (APP):The Supreme Court on Friday rejected a plea seeking a stay order on the auction of properties belonging to a private housing society.
A three-member bench headed by Justice Amin-ud-Din Khan heard the petition concerning the auction of Bahria Town properties. During the proceedings, petitioner’s counsel, Farooq H. Naek, appeared before the court and requested an immediate stay on the auction.
Justice Amin-ud-Din Khan, while dismissing the request, remarked that a stay order could not be granted unilaterally and that the other parties must also be heard before any decision is made.
Justice Naeem Akhtar Afghan observed that copies of NAB references should also be attached with the appeals so that the actual extent of embezzlement could be ascertained.
He noted that the accused had entered into a plea bargain with NAB, handing over eight properties as part of the agreement. However, it was now being claimed that the plea bargain was made under duress, not voluntarily.
The bench observed that if a request to annul the plea bargain had been made to the NAB chairman, the case would revert to its original stage. In such a scenario, NAB could not proceed with the auction of the properties. The court added that following the annulment request, the accused would have to face trial on the reference, and only upon conviction could the properties be confiscated.
Farooq H. Naek argued that this was precisely the matter at hand — his client’s request to annul the plea bargain and the pending NAB reference.
The court directed Naek to submit copies of the references filed against Bahria Town owner Malik Riaz and the housing society, and adjourned the hearing until August 13.