Supreme Court Questions NAB’s Change of Stance on Jurisdiction After 2026 Amendments
ISLAMABAD: Pakistan’s Supreme Court on Tuesday questioned the National Accountability Bureau (NAB) over its sudden change of position regarding whether appeals and bail petitions in NAB cases should be heard by the Federal Constitutional Court or the Supreme Court following the NAB (Amendment) Act, 2026.
A three-member bench headed by Justice Muhammad Ali Mazhar, and comprising Justice Musarrat Hilali and Justice Shahid Bilal Hassan, heard the case.
During the proceedings, Attorney General Mansoor Usman Awan argued that under the NAB (Amendment) Act, 2026, appeals against High Court judgments in NAB cases, as well as bail matters, now fall within the jurisdiction of the Federal Constitutional Court rather than the Supreme Court.
He maintained that it would not be legally appropriate for one part of a case to be heard by the Supreme Court while another part is decided by the Federal Constitutional Court. NAB endorsed the federal government’s position during the hearing.
The Attorney General further argued that the Supreme Court no longer has jurisdiction over such matters after the legislative amendments. He said the right to appeal had not been abolished but had instead been transferred to the Federal Constitutional Court. He also contended that, under Article 175F(2) of the Constitution, pending NAB cases stood transferred to the Constitutional Court automatically after the amendments came into force.
Justice Muhammad Ali Mazhar asked whether NAB cases had, in fact, been transferred to the Federal Constitutional Court. NAB’s counsel replied that the transfer had not yet taken place.
The bench also questioned whether the Supreme Court could still grant bail in NAB cases. NAB’s lawyer argued that both bail petitions and appeals should be heard by the same forum—the Federal Constitutional Court—to ensure consistency in legal proceedings.
However, counsel for the petitioner argued that the amendments do not explicitly state that bail petitions must be heard by the Federal Constitutional Court. He pointed out that the Supreme Court had already granted bail in a NAB case after the amendments and that NAB had not challenged the Court’s jurisdiction at that time.
Justice Shahid Bilal Hassan remarked that jurisdiction is the first issue to be raised in any case and observed that NAB itself had failed to object earlier. Justice Musarrat Hilali questioned the bureau’s sudden change in position, asking why its stance had shifted.
The Court directed the petitioner’s lawyer to prepare a rebuttal and adjourned the hearing until July 16 at 11:30 a.m. Justice Muhammad Ali Mazhar said a request would be made to the Chief Justice of Pakistan to constitute the same three-member special bench for the next hearing.
The issue has gained further significance as Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan and his wife have also challenged the rejection of their bail pleas in the £190 million case. Their appeals were returned by the Supreme Court Registrar’s Office with objections, against which chamber appeals have already been filed.
