In a significant legal development on Tuesday, the Sindh High Court (SHC) issued an order restraining the National Accountability Bureau (NAB) from arresting two prominent Pakistan Peoples Party (PPP) leaders, former Chief Minister Syed Qaim Ali Shah and senior Sindh Minister Sharjeel Memon, in connection with the Bahria Town Karachi land grab case. The ruling came after the two leaders filed petitions challenging the jurisdiction of an accountability court and the summons issued by the court following NAB’s filing of a Rs708 billion graft reference.
A constitutional bench of the SHC, comprising Justice Mohammad Karim Khan Agha and Justice Adnan-Ul-Karim Memon, issued the order after hearing the arguments presented by the petitioners’ counsel. The bench also suspended the summons that had been issued by the accountability court and instructed the petitioners to provide a solvent surety of Rs100,000 each to secure their temporary release.
The petitions filed by Mr. Shah and Mr. Memon challenged the legitimacy of the reference filed against them, asserting that the National Accountability Ordinance (NAO) 1999 amendments excluded them from the scope of the investigation. The defense lawyers, Barrister Zamir Ghumro and Raj Ali Wahid Kunwar, contended that NAB’s inclusion of their clients in the reference was unlawful and that the accountability court lacked jurisdiction to take up the matter.
The bench, after reviewing the case, observed that multiple references had previously been filed against both Mr. Shah and Mr. Memon. Based on this history, the bench raised concerns that the new reference might be motivated by malafide intentions. The court noted that these circumstances gave the petitioners valid grounds to approach the SHC directly to challenge the jurisdiction of the accountability court.
As part of the interim order, the SHC bench suspended the summons against Mr. Shah and Mr. Memon, ensuring they would not face arrest until the next hearing, provided they submitted the required surety. However, the court also emphasized that the accountability court should continue its proceedings against all other accused individuals in the reference.
The bench has scheduled the next hearing for March 5, 2025, and has issued notices to NAB, the other respondents, as well as the additional attorney general and the special prosecutor for NAB to present their positions.
In the petition, the accused argued that NAB had filed the reference on February 1, 2025, and that the trial court had taken cognizance and issued summons without proper legal authority. They cited the exclusion of their names from the scope of the NAO as amended under Section 4(2)(d) & (e), arguing that the trial court’s assumption of jurisdiction was unlawful and outside its authority.
In addition to Mr. Shah and Mr. Memon, the NAB reference names several other individuals, including real estate magnate Malik Riaz, former Sindh Board of Revenue member Ahmed Baksh Narejo, land utilization department officials Saqib Ahmed Soomro and Javed Hanif Khan, and others. The reference alleges that a wide-ranging conspiracy involving senior government officials and Bahria Town executives resulted in the illegal transfer of public land to private interests, with an estimated loss to the national exchequer of over Rs708 billion.
According to NAB, the accused colluded to illegally cede 17,671.87 acres of public land to Bahria Town under the guise of land adjustment, exchange, and consolidation in 2013-14. The case claims that these actions violated multiple laws, enriching the private parties involved and causing significant financial damage to the government.
This case has drawn significant public and political attention due to the high-profile nature of the accused, particularly the involvement of former senior government officials and the influential Bahria Town real estate development. The legal battle is likely to continue to unfold in the coming months, with the SHC’s decision on the jurisdictional issue potentially having far-reaching implications for the investigation and any future proceedings against the accused.
As the case progresses, all eyes will be on how NAB navigates the legal challenges raised by the PPP leaders and whether the court will ultimately rule in favor of the accused or allow the investigation to continue. The outcome could set an important precedent for accountability cases involving political figures and major real estate projects in Pakistan.