Supreme Court Rules NAB Bail Applications Belong to Federal Constitutional Court
The Supreme Court of Pakistan has resolved a jurisdictional dispute, stating it cannot hear bail applications related to pending National Accountability Bureau (NAB) appeals. Consequently, all such pending criminal appeals will be transferred to the Federal Constitutional Court (FCC). Justice Muhammad Ali Mazhar, in a 30-page judgment, authored the ruling, citing Article 175F(a) of the Constitution and Sections 32 and 32-A of the National Accountability Ordinance, 1999. This decision means the Supreme Court lacks the authority to consider these specific NAB cases. The ruling stemmed from two petitions considered by a three-judge bench, led by Justice Mazhar, and including Justices Musarrat Hilali and Shahid Bilal Hassan. One petition was lodged by NAB itself, contesting an acquittal by the Peshawar High Court. The second petition was filed by an under-trial prisoner named Aamir Mahmood, who was challenging the Islamabad High Court's decision to deny him post-arrest bail.
This Supreme Court ruling clarifies the division of judicial authority concerning NAB appeals, specifically regarding bail applications. By reassigning these cases to the Federal Constitutional Court, the decision aims to streamline the legal process and ensure that the appropriate judicial body handles these matters according to constitutional and statutory provisions. This reallocation may impact the speed and nature of proceedings for individuals involved in NAB cases, potentially altering established legal pathways. The clarity provided by this judgment could influence future interpretations of jurisdiction in anti-corruption litigation within Pakistan's legal framework.
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