Key Takeaways
- The Supreme Court declared it has no jurisdiction to hear bail applications in pending NAB appeals.
- All such cases are transferred to the Federal Constitutional Court (FCC).
- Justice Muhammad Ali Mazhar authored a 30-page judgement on the matter.
In a significant legal ruling, the Supreme Court of Pakistan has declared that it cannot hear bail applications in pending National Accountability Bureau (NAB) appeals. The decision was made by Justice Muhammad Ali Mazhar and his colleagues during a three-judge bench hearing.
The court's judgement, detailed over 30 pages, explicitly stated that 'this court has no jurisdiction to take cognisance in the NAB cases in terms of Article 175F (a) of the Constitution, read with Section 32 and 32-A of the National Accountability Ordinance, 1999.'
The ruling was made on two petitions. One was filed by the NAB challenging an acquittal by the Peshawar High Court, while another was submitted by an under-trial prisoner, Aamir Mahmood, who contested the Islamabad High Court’s refusal of his post-arrest bail.
Justice Mazhar's judgement clarified that all pending criminal appeals related to NAB cases must now be heard by the Federal Constitutional Court (FCC). This transfer ensures a more specialized and dedicated judicial process for such complex matters.
The decision is expected to have far-reaching implications for individuals facing charges under the National Accountability Ordinance, as it restricts the Supreme Court's involvement in bail applications. The FCC will now handle all related appeals, ensuring that these cases are dealt with according to specific constitutional provisions and legal frameworks.
While the ruling was made on Friday, its impact is likely to be felt across the judicial system, particularly for those involved in NAB-related cases. Legal experts have noted that this transfer of jurisdiction could streamline the process and provide more focused attention to these high-profile cases.
