Basil Nabi Malik

LL.M., Columbia University (Fulbright Scholarship)
B.A.-LL.B., Lahore University of Management Sciences (LUMS)

Advocate High Court
Attorney at Law, New York

Basil Nabi Malik is a registered Attorney at Law in the State of New York, U.S.A, and an Advocate of the High Courts of Pakistan. He began his practice of law in 2009 with a particular focus on constitutional and commercial litigation. Prior to joining Raja Mohammad Akram & Co, Basil was a Partner at MCAS&W Law Associates (formerly known as Muneer A. Malik & Co.).

Basil maintains expertise in constitutional matters, disputes in relation to commercial transactions, as well as intellectual property law.  Over the years, Basil has accumulated significant experience in cases of constitutional import, and particularly in challenging the vires of various laws on the touchstone of the Constitution, including the Gas Infrastructure Development Cess Act, 2015, the MBBS and BDS (Admissions, House job and Internship) Regulations, 2016, as well as the Sindh Travel Agencies Act, 2011.

Basil has been engaged in and has successfully tackled banking, commercial and shipping cases pertaining to the encashment of bank guarantees, payment disputes under negotiable instruments, short-landing of cargo at ports, and ownership of consignments vis àvis Bills of Lading.  Basil has considerable experience in handling infringement proceedings pertaining to intellectual property disputes, and has representednumerous parties in registration cases, and intellectual property disputes before the Intellectual Property Tribunal and the High Court.

Basil has a wide civil law practice in other areas of the law as well, such as anti-dumping laws, labour and employment matters, taxation, election disputes, corporate governance and competition law. He has also successfully represented various clients in white-collar criminal litigation, including bail proceedings in relation to NAB, FIA and Anti-Terrorism offences.

In addition to this, Basil regularly advises organizations, including the Travel Agents Association of Pakistan, United Medical and Dental College, Pakistan Steel Mills, the House Building Finance Company Limited, and the Dawn Group, on matters relating to contract management, shareholders’ agreements, tender documents for procurement of supplies, due diligence, corporate governance andregulatory compliance.

Basil has represented various clients such as Pakistan Petroleum Limited, House Building Finance Company Limited, Shehri-Citizens for a Better Environment, Radiant Chemicals Private Limited, and China Power Hub Generation Company Pvt. Ltd. Notable cases include the following:

  • Successfully representing over 50 CNG Stationsin challenging the constitutionality of the Gas Infrastructure Development Cess (Amendment) Act, 2018, (the disputed amounts were in excess of PKR 100 million) before theHigh Court of Sindh at Karachi.
  • Successfully represented Pakistan Petroleum Limited in a civil suit before the High Court of Sindh at Karachi in relation to a contractual claim amounting to PKR 90 million. The Plaintiff had sought to restrain the PPL from awarding the works to any third party.  The matter was vigorously contested, and the whole suit was disposed off successful by way of vacation of the stay order in favour of PPL.  The matter was brought to fruition within two weeks of its institution.
  • Successfully represented House Building Finance Company Ltd. in an employment case before the High Court of Sindh at Karachi; the dispute related to the withdrawal of promotion orders by the management of House Building Finance Company Ltd.
  • Successfully represented P.T.C.L. at the High Court of Sindh in relation to labour and employment cases.
  • Represented Dawn Convertec and other paper manufacturers/mills in anti-dumping litigation at the Anti-Dumping Tribunals and at theHigh Court of Sindh; the amounts in dispute were in excess of PKR 150 million.
  • Represented Adamjee Insurance Company Limited and Saudi Pak Insurance Company Limited in arbitration proceedings in relation to the validity and legality of a claim made by a policy holder; the matter was valued at over PKR 100 million.
  • Representing China Power Hub Generation Company Pvt. Ltd. before the Environmental Protection Tribunal against a complaint filed by the Former Balochistan Assembly Speaker, Mr. Bhootani, who is seeking the closure of a 2×660 MW coal-based power project.
  • Represented Shehri, amongst other parties, against the Karachi Grammar School, Convent of Jesus and Mary, and the Civil Aviation Authority, in a civil suit filed at the High Court of Sindh in relation to the illegal conversion of an amenity park plot into a school, school yard, as well as a squash complex.

Basil has over eighty-five publications in various newspapers including the Daily Dawn, the Daily Times, andthe Journal of Applied Economy. He is frequently invited as a legal expert on TV talk shows and legal panels.

Basil is a Partner and the Head of the Raja Mohammad Akram & Co’s Karachi Office.