Pakistan Supreme Court Weighs Jurisdiction Over NAB Bail Cases

Pakistan's Supreme Court is grappling with a significant jurisdictional question: does it still have the authority to hear bail applications in National Accountability Bureau (NAB) cases, or must these pleas be transferred to the recently established Federal Constitutional Court (FCC)? A three-judge bench is examining this controversy, which stems from amendments to the NAB law. The Attorney General for Pakistan, Mansoor Usman Awan, argued before the court that both appeals and bail applications in pending NAB cases now fall under the FCC's purview. He contended that it is legally inconsistent for different parts of the same case to be heard by separate courts. According to the NAB Amendment Act 2026, specifically Section 32-A inserted on March 5, a second appeal against High Court decisions in NAB cases can be filed with the FCC within thirty days. The AGP asserted that this amendment effectively removes the Supreme Court's jurisdiction in such matters, although the right of appeal itself has not been abolished. The court questioned whether NAB cases have already been transferred to the FCC, with a NAB representative indicating they have not. Senior counsel Ibadur Rehman Lodhi, representing an under-trial prisoner, opposed the AGP's stance, arguing that the second appeal provision only applies to convictions by high courts, not to pending matters.

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It is legally inappropriate for one part of a case to be heard by the SC and the other by the FCC.