LEGAL
The Sindh High Court (SHC) on Tuesday issued a restraining order preventing the National Accountability Bureau (NAB) from arresting two senior Pakistan Peoples Party (PPP) leaders, former Chief Minister Syed Qaim Ali Shah and senior Sindh minister Sharjeel Memon, in the Bahria Town Karachi land grab reference.
The two leaders had filed petitions challenging the jurisdiction and summons issued by an accountability court following NAB's recent filing of the graft reference.
A two-judge constitutional bench comprising Justice Mohammad Karim Khan Agha and Justice Adnan-Ul-Karim Memon suspended the summons and directed the petitioners to furnish solvent surety bonds of Rs100,000 each.
The petitioners' counsel, Barristers Zamir Ghumro and Raj Ali Wahid Kunwar, argued that NAB had no grounds to include their clients in the reference due to amendments made to the National Accountability Ordinance (NAO) 1999.
The bench acknowledged that multiple references had been filed against Mr. Shah and Mr. Memon in the past, suggesting the possibility of malafide intentions in the current case. The court emphasized the need to assess whether the accountability court had jurisdiction to hear the matter.
“For the time being, summons against respondent No 5 & 6 are suspended, and they shall not be arrested until the next date of hearing subject to them each providing solvent surety in the amount of Rs100,000,” the court stated.
The bench allowed the accountability court to proceed against the other accused in the reference while notices were issued to NAB and other respondents, including the additional attorney general and NAB’s special prosecutor, for a hearing on March 5.
The petitioners contended that the reference, filed on February 1, was without lawful authority, particularly in light of recent amendments to Section 4(2)(d) & (e) of the NAO, which excluded them from its ambit.
The case revolves around allegations that Bahria Town Karachi, in collusion with senior government officials, illegally acquired 17,671.87 acres of valuable public land through adjustments, exchanges, and consolidations in 2013-14, resulting in a financial loss of over Rs708.08 billion to the national exchequer.
Notable accused in the case include property tycoon Malik Riaz, Bahria Town CEO Ahmed Ali Riaz, former Sindh Board of Revenue member Ahmed Baksh Narejo, and several other high-ranking officials from the land utilization department, Sindh Building Control Authority, and deputy commissioner's office.
The SHC's decision underscores a pivotal moment in the legal proceedings as the court evaluates the jurisdictional validity of NAB’s reference against the two PPP leaders.