Pakistan SC reserves ruling on jurisdiction over NAB bail appeals

The Supreme Court of Pakistan is reserving its ruling on a significant jurisdictional dispute concerning bail applications in pending National Accountability Bureau (NAB) appeals. The core question is whether the Supreme Court retains the authority to hear these pleas or if they must be transferred to the newly established Federal Constitutional Court (FCC), a body created under the 27th Amendment of the Constitution.

A three-judge bench, led by Justice Muhammad Ali Mazhar, indicated that the court's decision would be announced within a day or two. The bench is examining whether bail applications in NAB appeals fall under the purview of the FCC. The federal government has asserted that both appeals and bail applications in ongoing NAB cases should now be adjudicated by the FCC.

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For God’s sake, the Supreme Court should not surrender its authority for some ‘clandestine’ motives of the government.

Senior counsel Ibadur Rehman Lodhi, representing an under-trial prisoner, argued that bail applications are governed by Section 497 of the Criminal Procedure Code, which pertains to granting bail. He distinguished this from Section 426, which deals with the suspension of sentences for convicted individuals. Lodhi contended that for pending matters, the Supreme Court is competent to hear bail applications under Section 32 of the NAB law, not the FCC, which is designated for second appeals under the recently inserted Section 32-A.

Justice Mazhar questioned how the Supreme Court could act as the appellate authority for bail matters when the NAB law appeared to designate the FCC as the appellate forum. He asked counsel to propose a legal pathway for the Supreme Court to continue hearing these applications. Advocate Lodhi urged the court not to surrender its authority, stating, "For God's sake, the Supreme Court should not surrender its authority for some ‘clandestine’ motives of the government." He emphasized that only appeals against high court final decisions in NAB cases should go to the FCC, while bail applications in pending cases should remain with the Supreme Court.

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the court’s determination would be announced in a day or two.