Supreme Court Addresses Jurisdiction Over NAB Bail Applications
The Supreme Court of Pakistan has reserved its verdict on an important constitutional and legal question regarding whether it still has the jurisdiction to hear bail applications in pending National Accountability Bureau (NAB) appeals or whether such matters now fall within the jurisdiction of the newly established Federal Constitutional Court (FCC) under the 27th Constitutional Amendment.
A three-member bench headed by Justice Muhammad Ali Mazhar heard detailed arguments from both the defence counsel and the Attorney General and indicated that its decision would likely be announced within a couple of days.
During the proceedings, the federal government maintained that both appeals and bail applications in pending NAB matters should now be heard by the FCC.
However, counsel for the accused argued that bail applications are governed by Section 497 of the Criminal Procedure Code and remain distinct from appeals against convictions, which are covered by the recently inserted Section 32-A of the NAB law.
The counsel contended that only appeals against final High Court judgments should be transferred to the FCC, while the Supreme Court should continue hearing bail pleas in pending matters.
Justice Mazhar observed that the court was interpreting the constitutional and statutory framework rather than questioning Parliament's intent behind the amendments.
The bench repeatedly sought a legally sustainable basis for the Supreme Court to retain jurisdiction over bail matters if appellate authority had shifted to the FCC.The Attorney General referred to previous Supreme Court decisions in bail cases to support broader judicial powers.
The forthcoming ruling is expected to clarify the respective jurisdictions of the Supreme Court and the FCC in NAB proceedings and may set an important precedent for future accountability litigation in Pakistan.