ISLAMABAD: The Supreme Court (SC) on Friday declined the request of Bahria Town seeking a stay order against the auction of its properties with a ruling that stay could not be granted without hearing the other party.
A three-member SC bench, headed by Justice Aminuddin Khan and comprising Justice Naeem Akhtar Afghan and Justice Miangul Hassan Aurangzeb, heard the appeal of Bahria Town seeking suspension of Islamabad High Court (IHC) order that allowed the National Accountability Bureau to proceed with the auction.
M/s Bahria Town (Private) Limited the others had filed civil petition for leave to appeal under Article 185(3) of the Constitution against the impugned order dated August 4, 2025, passed by the IHC dismissing its petitions.
It had prayed the apex court to suspend the IHC order for being legally unsustainable. A division bench of Islamabad High Court comprising Chief Justice Sarfaraz Dogar and Justice Muhammad Asif on August 4, 2025 had turned down the petitions filed by Bahria Town seeking halting of auction of its properties. The IHC had issued a short order allowing the National Accountability Bureau to proceed with the auction.
In its appeal, Bharia Town had also prayed to the apex court to restrain NAB from auctioning, selling or otherwise alienating the six properties mortgaged by the petitioner, pending final decision of the titled civil petition.
It submitted that the IHC failed to appreciate that by virtue of the amendment to Section 25(b) of the NAO, 1999 (Second Amendment Act, 2022), the plea bargain agreement stood automatically inoperative upon default of the accused, discharging the petitioner from all obligations as surety.
Furthermore, Bahria Town contended that the impugned auction publication dated 19-7-2025 is contrary to the express provisions of the National Accountability Ordinance, 1999, as well as the amendments introduced through the National Accountability (Second Amendment) Act, 2022, which provides that “upon failure of an accused to comply with a Plea Bargain Agreement, the Agreement becomes inoperative with respect to the rights and obligations of the parties immediately.”
On Friday, during the course of proceedings, Farooq H Naek, representing Bahria Town, appeared before the court and requested an immediate stay on the auction.
Justice Aminuddin Khan, however, declined the request and 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 references filed by NAB should also be attached with the appeals so that the actual extent of embezzlement could be ascertained.
Justice Afghan 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 court 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 contended that this was precisely their case, adding that his client’s request to annul the plea bargain and the NAB reference was pending. The court directed Naek to submit copies of the references, filed against Bahria Town owner and other accused of the housing society, and adjourned the hearing until August 13.
Justice Aminuddin Khan said that hearing on the main case and other miscellaneous applications will be conducted on the next date of hearing.