Power to freeze property

National Accountability Bureau (NAB) issued freezing orders against accused (appellant), and appeal against such order was dismissed by the Accountability Court, which confirmed the freezing order and directed accused to file a fresh objection petition in accordance with S.13 of National Accountability Ordinance, 1999

Contention of prosecution was that Accountability Court had declared the objection petition of accused as premature, as same had been filed before the passing of confirmation order and accused had no cause of action to file an appeal because the right to file objections in accordance with S.13 of National Accountability Ordinance, 1999, had been provided to the accused, and accused should file his fresh objection petition before Accountability Court

Validity

Accountability Court had not dismissed the objection petition of accused on merits rather dismissed the same as premature because the objection could be filed within 14 days from the date of the order of freezing of such property, and admittedly the objection petition was filed prior to that, therefore rights of accused were protected by allowing/permitting him to file fresh objection petition

When accused had the right to file a fresh objection petition before Accountability Court, present appeal was not maintainable on merits

Appeal of accused was dismissed with the direction to file fresh objection petition before Accountability Court in accordance with provisions of S.13 of National Accountability Ordinance, 1999.

National Accountability Bureau (NAB) issued freezing orders against accused (appellant), and appeal against such order was dismissed by the Accountability Court, which confirmed the freezing order and directed accused to file a fresh objection petition in accordance with S.13 of National Accountability Ordinance, 1999

Contention of accused was that freezing order of NAB ceased to exist after 15 days and Accountability Court had misinterpreted section 12(f) of National Accountability Ordinance, 1999 and freezing order had to be confirmed within 15 days

Validity

Case record showed that prosecution had submitted the application for confirmation of freezing order passed by NAB under S.12 of the National Accountability Ordinance, 1999, before the Accountability Court, within stipulated period of 15 days

Order-sheets of case indicated that due to one or other reason matter was not finally disposed of and the delay/lapse could not only be attributed to the prosecution rather same was an act of accused as well as of the court

Objection of accused was overruled

Appeal was disposed of, accordingly.