ISLAMABAD: The Supreme Court of Pakistan has settled a major constitutional debate regarding National Accountability Bureau (NAB) cases, ruling that all second appeals and related bail applications fall exclusively within the jurisdiction of the newly established Federal Constitutional Court (FCC).
A three-member bench comprising Justice Muhammad Ali Mazhar, Justice Musarrat Hilali, and Justice Shahid Bilal Hassan issued the 30-page verdict. The decision addresses jurisdictional overlaps stemming from the 27th Constitutional Amendment—which established the FCC—and the March 2026 insertion of Section 32-A into the National Accountability Ordinance (NAO).
The primary legal issue before the bench was whether the Supreme Court could hear a bail plea while the primary appeal in the same case was pending before the FCC. Rejecting arguments that bail applications are independent proceedings, the bench ruled that bail is an auxiliary matter directly tied to the primary trial.
The court emphasized that splitting a single case between two top courts risks parallel proceedings, legal ambiguity, and conflicting rulings. Reading Article 175F of the Constitution alongside Sections 32 and 32-A of the NAO, the judges concluded that a single case must proceed through a single, unified judicial forum.
Crucially, the judgment puts an end to “forum shopping”—the practice of selecting courts based on convenience, strategy, or anticipated outcomes. The bench highlighted that court jurisdiction is determined strictly by constitutional mandate, not by public sentiment, political pressure, or party preference.
The apex court clarified that transferring these matters to the FCC does not deprive the accused of their right to legal recourse. Instead, it replaces discretionary leave-to-appeal petitions with a formal, statutory right of second appeal before the designated constitutional forum.
