FCC empowered to hear NAB appeals

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Union Minister for Law Azam Nazeer Tarar. PHOTO: EXPRESS/FILE

ISLAMABAD:

The Senate on Thursday passed a private member’s bill seeking amendments to the National Accountability Ordinance (NAO) 1999, introduction of a second appellate forum in accountability cases and clarification of several procedural provisions related to bail, jurisdiction and administrative continuity of the National Accountability Bureau (NAB).

The National Accountability (Amendment) Bill, 2026, moved by Senator Mohammad Abdul Qadir, proposes that Supreme Court decisions in NAB cases can be challenged through a second appeal before the Federal Constitutional Court within 30 days, expanding the appeal framework for accountability cases.

Law Minister Azam Nazir Tarar told the House that the government had no objection to the proposed amendments, describing them as constructive improvements to the existing law.

During the debate, Tarar said the bill addressed certain procedural ambiguities in the Accountability Act, particularly regarding the power of courts to grant bail and the processing of cases.

“In my opinion, these are good proposals,” the law minister said, adding that the amendments were aimed at bringing clarity and strengthening legal guarantees on accountability issues.

Under the proposed amendments, accountability courts and relevant High Courts will be clearly empowered to grant bail or order the release of an accused under the relevant provisions of the Criminal Procedure Code.

The bill also proposes to allow the chairman of the National Accountability Bureau to serve a three-year term, renewable once for an additional three years, replacing the current provision barring re-appointment or extension.

Another amendment seeks to adjust the financial threshold used in NAB cases annually according to the inflation index published by the Pakistan Bureau of Statistics, ensuring that monetary limits remain realistic over time.

In addition, the bill clarifies that procedural provisions governing lawsuits under the Accountability Act will also apply to appeals, a move aimed at removing interpretive ambiguity in the executive order.

Leader of the House Senator Ishaq Dar supported the bill during the debate, arguing that it introduced positive legal improvements and should not be politicized.

He said the Constitution allows the Federal Constitutional Court to hear appeals from Supreme Court decisions if Parliament provides such a forum through legislation.

“The Constitution clearly states that the Federal Constitutional Court shall have jurisdiction to hear appeals from judgments and orders of a Supreme Court where an Act of Parliament so provides,” Dar said, citing the relevant constitutional provision.

He noted that the measure was a private bill and emphasized that Parliament regularly deals with such bills.

“If someone thinks that further changes are needed, another amendment can always be tabled. Legislation is an evolving process,” he said.

However, the Ministry of Finance supported the proposal, arguing that it would strengthen due process protections in accountability cases.

Law Minister Tarar told Parliament that under the existing NAB Act, only one judicial appeal is available to the concerned High Court and the proposed amendment will widen legal access to legal proceedings.

He added that providing an additional appellate forum could help address longstanding criticism that the accountability law is overly strict and lacks sufficient guarantees for fundamental rights.

The motion to introduce the Bill was put to a vote by the Speaker and passed by voice vote despite opposition from some members.

Following its passage in the Senate, the bill will now be sent to the National Assembly for consideration.

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