I.G. GENERAL TRADING (LLC) vs PROVINCE OF SINDH through Secretary, Government of Sindh, Land Utilization Depar

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I.G. GENERAL TRADING (LLC) VS PROVINCE OF SINDH through Secretary, Government of Sindh, Land Utilization Department, Board of Revenue, Sindh S. 23---Restriction on change of status of property---Object, purpose and scope---Petitioner companies sought permission to raise construction over land which was subject matter of trial before Accountability Court---Validity---Provision of S. 23 of National Accountability Ordinance, 1999 was an interlocutory measure to prevent persons accused of such offences to frustrate objects of law by creating third party interest in respect of illegally acquired property, thereby creating hurdles in the object of law i.e. to eradicate corruption and corrupt practices and hold accountable all those persons accused of such practices and matters ancillary thereto---Purpose behind such power was to preserve property acquired by accused through corruption and corrupt practices so that ultimately if guilt would be proved the same could be taken back from him in accordance with law---Provision of S. 23 of National Accountability Ordinance, 1999 was also preventive in nature and had prescribed penalties for accused person who attempted to alienate or transfer by any means property after Chairman NAB had initiated investigation, inquiry or proceedings were commenced against him in an Accountability Court---Such were in the nature of protective measures with a view to ensure that final decision was not rendered redundant---Wisdom behind S. 23 of National Accountability Ordinance, 1999 was to preserve the property as it was---Petitioners could not be allowed to alter status prevalent over subject land by making construction which could result into multiple litigations and would change complexion and ground reality of subject land and it was not the scheme of law---High Court in exercise of Constitutional jurisdiction declined to interfere in the matter to be decided by Accountability Court as reference had already been filed in Court--- Constitutional petition was dismissed in circumstances.

I.G. GENERAL TRADING (LLC) vs PROVINCE OF SINDH through Secretary, Government of Sindh, Land Utilization Department, Board of Revenue, Sindh S — 2023 PCrLJ 300 KARACHI-HIGH-COURT-SINDH

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