Key Takeaways
- AGP argues Supreme Court will no longer hear bail applications in pending NAB cases.
- Cases are set to be heard by the newly established Federal Constitutional Court (FCC).
- Justice Muhammad Ali Mazhar leads the three-judge bench considering the issue.
The Supreme Court of Pakistan is poised to decide on its jurisdiction in hearing bail applications for pending National Accountability Bureau (NAB) cases, according to a recent development. The Attorney General for Pakistan (AGP), Mansoor Usman Awan, argued that all appeals and bail applications in NAB cases should now be heard by the newly established Federal Constitutional Court (FCC).
The AGP contended that it is legally inappropriate for one part of a case to be heard by the Supreme Court while another is transferred to the FCC. He cited Section 32-A, inserted into the National Accountability (Amendment) Act, 2026, which provides for a second appeal and mandates that any person aggrieved by a decision made by the High Court under Section 32 may prefer a second appeal to the FCC within thirty days.
During the hearing on Tuesday, Justice Muhammad Ali Mazhar, leading a three-judge bench consisting of Justice Musarrat Hilali and Justice Shahid Bilal Hassan, inquired about the status of cases pending with the Supreme Court. Nasir Mehmood Mughal, representing NAB, argued that the cases have not yet been transferred to the FCC. However, he acknowledged that under the recent amendments, the right of appeal has been given to the FCC.
Senior counsel Ibadur Rehman Lodhi, appearing on behalf of an under-trial prisoner Aamir Mahmood, opposed this view. He stated that the second appeal provided under Section 32-A only comes into play against convictions awarded in NAB cases and not for bail applications.
The AGP further emphasized that since an appeal in NAB cases is a fundamental right, it has been routed to the FCC through recent amendments. He added that the Supreme Court no longer retains jurisdiction over such appeals regarding bails or sentences awarded in NAB cases.
Justice Mazhar questioned whether the Supreme Court can grant bail in NAB cases. The NAB representative argued that because it is inappropriate for the forum for bail to be separate from the forum of appeal, the FCC remains the proper forum for both. This argument was met with opposition by Ibadur Rehman Lodhi, who maintained that the second appeal only applies against convictions.
The case will now proceed to a detailed discussion and decision by the Supreme Court bench. The outcome could significantly impact how future NAB cases are handled in terms of bail applications and appeals.
It is legally inappropriate for one part of a case to be heard by the SC and the other by the FCC.
Mansoor Usman Awan, Attorney General for Pakistan
The right of appeal has been given to the FCC through the NAB Amendment Act 2026.
Mansoor Usman Awan, Attorney General for Pakistan
