SHUJA KHAN BALUCH versus CAPITAL DEVELOPMENT AUTHORITY, ISLAMABAD
Sections 12 and 23 constitution Pakistan, Article 199 Constitutional application Non-freezing of property Property auction Buyer's transfer, property rights were sold through auction, execution of the order passed by the Banking Court was the auction of the applicant. ? Due to the restrictions imposed by the National Accountability Bureau under section 23 of the National Accountability Ordinance, 1999, the authorities refused to transfer the property. The question raised by the authorities is whether the transfer of any property to the National Shall be void under section 23 of the Accountability Ordinance, 1999. Property Chairman NAB was aware of the property but no order was approved for freezing under section 12 of the National Accountability Ordinance, 1999, as no order was issued to freeze the property. So, it would be assumed that the NAB officials knew that the property did not belong to the accused or to those who were known for those reasons, they did not want to take any action on the property in the field of real estate. In the absence of a freeze order, it cannot be said that NAB authorities are investigating this property, said Chairman. N NAB has the power to pass any order. Unless the court has taken cognizance of the matter but as long as the court takes notice of any matter under the National Accountability Ordinance, 1999, then the Chairman NAB will become a function officer and only the accountability court can pass any order on it. ? No order was passed by the Accountability Court in relation to the property of the accused, therefore, Chairman NAB did not have the powers to transfer the property
