Muhammad Ilyas vs The Chairman, National Accountability Bureau Ss — 2025 PCrLJ 211 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 PCrLJ 211 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: PCRLJ
Parties: Muhammad Ilyas vs The Chairman, National Accountability Bureau Ss
Subject matter: Criminal
Provisions referred to: S. 33-E; National Accountability Ordinance

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Muhammad Ilyas VS The Chairman, National Accountability Bureau Ss. 5 (da), 9 (a), 12 & 33-E---Constitution of Pakistan, Art. 199---Constitutional petition---Recovery of fine---Benami property---Proof---Petitioner was aggrieved of including his property in the list of confiscated assets of convicted accused for recovery of fine in terms of S.33-E of National Accountability Ordinance, 1999 as arrears of land revenue---Validity---Starting from the year 2007, NAB authorities did not bring case of petitioner before Accountability Court for judicial scrutiny---Petitioner was not even summoned as witness in any of the references filed in the scam---No effort was made to examine if amount of earnest money paid by brother of convict accused was actually proceeds of the crime---Brother of convict/accused was not even tried for being Benamidar or for using or having possession of crime proceeds, despite the fact that more than one decade had passed---Property could not be sold under S.33-E of National Accountability Ordinance, 1999, for recovery of fine imposed against convict accused---Prosecution could not do it without first establishing that property was held as Benami for any convict---High Court set aside orders passed by authorities---Constitutional petition was allowed accordingly.

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