ISLAMABAD:
The federal government on Tuesday told the Supreme Court that following the passage of the National Accountability Ordinance (NAO) (Amendment) Act, 2026, appeals against convictions and bail proceedings in NAB cases fall within the jurisdiction of the Federal Constitutional Court (FCC) rather than the Supreme Court.
A three-member bench headed by Justice Muhammad Ali Mazhar and comprising Justice Musarrat Hilali and Justice Shahid Bilal Hassan examined whether appeals and bail applications in NAB cases should be heard by the SC or the FCC in light of the recent amendments to the Accountability Act.
During the case, the federal government argued that under the NAB Act Amendment, appeals against Supreme Court judgments in NAB cases, including central appeals and bail cases, must be heard by the FCC. NAB also endorsed the federal government’s stand.
Attorney General for Pakistan (AGP) Mansoor Usman claimed that the SC no longer has jurisdiction in NAB cases and that appeals against convictions and bail cases will 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 while 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 recent amendments.
Citing Article 175F(2) of the Constitution, Usman argued that all cases pending before the SC falling under the jurisdiction of the Constitutional Court were automatically transferred to the FCC.
He submitted that the NAO (Amendment) Act was passed in March 2026 and specifically provided that its provisions would apply retrospectively from the date the original NAB Act came into force.
“As a result, all NAB cases are transferred to the FCC under the law,” he argued, adding that the amendment had changed the appellate forum.
Judge Mazhar asked if NAB cases had actually been transferred to the FCC. NAB’s counsel replied that the cases had not yet been transferred. Justice Mazhar then asked whether the SC still retained the power to grant bail in NAB cases.
NAB’s counsel argued that the amendments transferred appellate jurisdiction to the FCC and that it would be inappropriate for bail applications to be heard by one forum while appeals were heard by another.
He argued that both bail proceedings and appeals in NAB cases should be heard by the same court because in many cases the courts examine the merits of the case while deciding bail applications.
Advocate Ibadur Rehman Lodhi, who represented one of the petitioners, argued that the NAB amendments nowhere said that bail requests would also be dealt with by the FCC.
