The Peshawar High Court (PHC) has partially granted writ petitions filed by two individuals implicated in the Kohistan mega corruption scandal, directing the return of their residential properties while maintaining a freeze on the assets until the NAB court issues further directives.
Court Proceedings
A two-member bench, consisting of Justice Syed Arshad Ali and Justice Farah Jamshed, heard the petitions submitted by Amir Syed Khan and Abdul Rauf. The petitioners' legal representative, Ashfaq Ahmad Daudzai, along with the NAB prosecutor, presented arguments before the court.
Key Arguments
The court was apprised that both petitioners, who are accused in the Kohistan scandal, had their properties—comprising over 12 marlas of land in Mirpur Abbottabad—frozen by the NAB Accountability Court. Subsequently, authorities took physical possession of these properties, even though they served as the sole residences for the accused. The defense counsel contended that the properties were lawfully acquired by the petitioners and constituted their only homes. Their applications under Section 13 of the NAB Ordinance, challenging the dispossession, were rejected by the NAB court.
Court Observations
After a thorough hearing, the PHC noted that the NAB's orders were not intended to divest the accused of their homes nor to authorize the physical seizure of frozen properties. The bench highlighted that superior courts have already established this legal position, and Articles 23 and 24 of the Constitution safeguard citizens' property rights.
Presumption of Innocence
The court emphasized that while Amir Syed Khan and Abdul Rauf are named accused in the Kohistan scandal, they are presumed innocent until proven guilty. The prosecution bears the burden of proving illegal wealth accumulation during the trial. "Dispossessing them of their properties at this stage, when the trial has not even commenced, would be an exercise beyond authority and against the law," the court ruled.
Final Orders
The bench declared the NAB court's orders of April 10 and April 16, 2026, which refused to restore possession of the residences, as null and void. It ordered the immediate restoration of possession of the disputed houses to the petitioners. However, the properties will remain frozen until further orders from the NAB court. The court disposed of both petitions accordingly.
