ISLAMABAD: A three-member Supreme Court bench headed by Chief Justice Yahya Afridi has refused to hear the Bahria Town property auction case, sending it back to the previous bench.
During Wednesday’s hearing, Chief Justice Afridi said it would be more appropriate for the earlier bench to hear the matter. Bahria Town’s counsel informed the court that the Islamabad High Court had issued its detailed judgment, and he wished to submit additional arguments on behalf of his client.
The court allowed the submission of additional arguments and adjourned the hearing indefinitely.
Earlier, a three-member bench led by Justice Aminuddin had been hearing the case. That bench had rejected Bahria Town’s request for an immediate stay order against the auction of its assets and directed that the main case, rather than miscellaneous applications, should be presented before the court.
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In the previous hearing, a three-member bench led by Justice Aminuddin Khan had been considering Bahria Town’s appeal against the auction of its properties. The bench had rejected the company’s request for a stay order, noting that only a miscellaneous petition and not the main appeals was fixed for hearing. Justice Aminuddin remarked that the case should be scheduled for the following week, but Bahria Town’s lawyer Farooq H. Naek requested an immediate stay.
After a short break, Justice Naeem Akhtar Afghan observed that the main appeals were not fixed and that NAB reference copies should be attached to the appeals to clarify the alleged corruption. He noted that the accused had entered into a plea bargain with NAB, handing over eight properties, but later claimed the bargain was made under pressure and sought to have it set aside. Once cancelled, he said, the case reverted to its initial stage, meaning NAB could not proceed with an auction until a trial was completed and a conviction secured.
Farooq H. Naek argued that both the plea bargain cancellation request and the NAB references were still pending. Justice Aminuddin said a stay order could not be issued without hearing both sides and directed the lawyer to submit copies of the references against Malik Riaz and Bahria Town. The court then dismissed the stay request and adjourned the case to August 13.
