PHC restores possession of homes to accused

The Peshawar High Court (PHC) has partially allowed writ petitions filed by two accused in the Kohistan mega corruption scandal, ordering the restoration of their possession over their residences while maintaining the freeze on the properties until further orders by the NAB court.

A two-member bench comprising Justice Syed Arshad Ali and Justice Farah Jamshed heard the writ petitions filed by Amir Syed Khan and Abdul Rauf. The petitioners' counsel, Ashfaq Ahmad Daudzai, and the NAB prosecutor appeared before the court.

The court was informed that both petitioners, who are named in the Kohistan scandal, had their properties, more than 12 marlas of land in Mirpur Abbottabad, frozen by the NAB Accountability Court. The authorities had subsequently taken possession of the properties, despite these being the petitioners' sole residences.

The lawyers argued that the properties were legally purchased by the petitioners and served as their only homes. Their applications under Section 13 of the NAB Ordinance against the dispossession were dismissed by the NAB court.

After hearing detailed arguments, PHC observed that the NAB's orders were not meant to dispossess the accused of their residences nor authorize taking physical possession of the frozen properties. The bench noted that superior courts have already settled this position, and Articles 23 and 24 of the Constitution provide protection to citizens' property rights.

The court emphasized that although Amir Syed Khan and Abdul Rauf are named accused in the Kohistan scandal, they are presumed innocent until proven guilty under the law. It is the prosecution's responsibility to prove the charges of illegal accumulation of wealth 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.

The bench declared the NAB court's orders of April 10 and April 16, 2026, refusing 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.