ISLAMABAD:
The federal government on Tuesday told the Supreme Court that, following the enactment of the National Accountability Ordinance (NAO) (Amendment) Act, 2026, appeals against convictions and bail matters in NAB cases fall within the jurisdiction of the Federal Constitutional Court (FCC), rather than the apex court.
A three-member bench, headed by Justice Muhammad Ali Mazhar and comprising Justice Musarrat Hilali and Justice Shahid Bilal Hassan, was examining whether appeals and bail petitions in NAB cases should be heard by the SC or the FCC in light of the recent amendments to the accountability law.
During the proceedings, the federal government argued that under the NAB law amendment appeals against high court judgments in NAB cases, including central appeals and bail matters, are to be heard by the FCC. NAB also endorsed the federal government’s position.
Attorney General for Pakistan (AGP) Mansoor Usman argued that the SC no longer has jurisdiction in NAB cases and that appeals against convictions and bail matters would now be heard by the FCC.
“It is not possible for one part of a case to be heard by the SC and another part by the FCC,” he argued.
The attorney general maintained that although granting bail remained a judicial function based on examination of the record, the forum for hearing appeals in NAB cases had now shifted.
He said the right of appeal in NAB cases was a fundamental right and had not been abolished, but merely transferred to the FCC through the latest amendments.
Referring to Article 175F(2) of the Constitution, Usman argued that all pending cases before the SC falling within the Constitutional Court’s jurisdiction stood automatically transferred to the FCC.
He submitted that the NAO (Amendment) Act was enacted in March 2026 and specifically provided that its provisions would apply retrospectively from the date the original NAB law came into force.
“As a result, all NAB cases stand transferred to the FCC by operation of law,” he argued, adding that the amendment had changed the appellate forum.
Justice Mazhar asked if NAB cases had in fact been transferred to the FCC. Counsel for NAB replied that the cases had not yet been transferred. Justice Mazhar then asked whether the SC still retained the authority to grant bail in NAB cases.
The NAB counsel argued that the amendments vested appellate jurisdiction in the FCC and that it would be inappropriate for bail petitions to be heard by one forum while appeals were heard by another.
He submitted that both bail matters and appeals in NAB cases should be heard by the same court because, in many cases, courts examine the merits of the case while deciding bail petitions.
Representing one of the petitioners, advocate Ibadur Rehman Lodhi argued that the NAB amendments nowhere stated that bail petitions would also be heard by the FCC.
