ISLAMABAD; The Supreme Court has rejected Bahria Town’s plea for an immediate stay order on the auction of its properties, ruling that such relief could not be granted without hearing the other side.
A three-member bench headed by Justice Aminuddin Khan, with Justice Naeem Akhtar Afghan and Justice Miangul Hassan Aurangzeb, heard Bahria Town’s appeal challenging an Islamabad High Court (IHC) decision that allowed the National Accountability Bureau (NAB) to proceed with the auction.
Bahria Town had filed a civil petition under Article 185(3) of the Constitution, seeking suspension of the IHC’s August 4, 2025 order, which dismissed its petitions against the auction.
The company argued that the IHC had overlooked amendments to Section 25(b) of the NAB Ordinance (introduced through the Second Amendment Act, 2022), which render a plea bargain inoperative upon the accused’s default, thereby releasing the guarantor from all obligations.
Bahria Town’s counsel, Farooq H. Naek, argued that the auction notice dated July 19, 2025, was contrary to law and requested the court to bar NAB from auctioning, selling, or otherwise transferring six mortgaged properties until a final decision was reached.
During proceedings, Justice Afghan noted that Bahria Town had entered into a plea bargain with NAB, surrendering eight properties, but was now claiming the agreement was made under duress.
He observed that if a request to annul the plea bargain had been filed with the NAB chairman, the matter would revert to trial, and the properties could only be confiscated upon conviction.
Justice Afghan further directed that copies of NAB references against Bahria Town’s owner and other accused be attached to the appeal to assess the alleged embezzlement.
The court adjourned the hearing until August 13, with Justice Aminuddin Khan noting that both the main case and related applications would be heard on the next date.
