Supreme Court Transfers NAB Cases to FCC Over Jurisdictional Dispute
The Supreme Court of Pakistan has ruled that it cannot hear bail applications in pending National Accountability Bureau (NAB) appeals, transferring all such cases to the Federal Constitutional Court (FCC).
The 30-page judgment, authored by Justice Muhammad Ali Mazhar, clarified that the court lacks jurisdiction over NAB cases under Article 175F of the Constitution and Sections 32 and 32-A of the National Accountability Ordinance, 1999.
The ruling emphasized that judicial decisions must adhere strictly to legal frameworks, rejecting the idea of courts prioritizing media attention or public opinion over constitutional mandates.
The decision follows a jurisdictional dispute involving two petitions: one from the NAB challenging an acquittal and another from an under-trial prisoner seeking bail.
The court noted that Section 32-A of the NAO now grants convicted individuals the right to a second appeal before the FCC, with all pending civil and criminal cases automatically converted into direct appeals.
Legal experts highlight the implications for ongoing cases, including those of former Prime Minister Imran Khan, though the ruling explicitly states it does not affect cases closed before the 27th Constitutional Amendment.
The judgment underscores the importance of statutory jurisdiction and the separation of judicial powers, ensuring courts operate within legally defined boundaries.