Supreme Court Bench Withdraws From Bahria Town Auction Case

A Supreme Court bench headed by Chief Justice Yahya Afridi recused itself Wednesday from hearing petitions challenging the auction of Bahria Town properties, sending the case back to the original bench.

The three-member panel, including Justice Shafi Siddiqui and Justice Miangul Hassan Aurangzeb, decided the matter should be handled by the judges who previously oversaw it. Chief Justice Afridi determined it would be more fitting for the original bench to continue proceedings.

Bahria Town’s lawyer, Farooq H. Naek, informed the court of the Islamabad High Court’s comprehensive ruling on the issue. He requested leave to present supplementary written submissions based on the high court’s judgment, which was granted.

The court formally transferred the case and adjourned the hearing indefinitely.

This development follows an August 8th expression of concern by a Supreme Court judge regarding the National Accountability Bureau’s (NAB) rapid auctioning of six Bahria Town properties. This occurred despite six pending references against defendant Zain Malik in an accountability court. The court is tasked with determining if the assets are subject to forfeiture if Malik is convicted.

Justice Naeem Akhtar Afghan, part of the initial three-judge bench, pointed out that the references reverted to their initial phase after petitions challenged the plea bargain between Malik and NAB, finalized in August 2020. The Supreme Court was addressing an appeal against the Islamabad High Court’s August 4th short order.