Pakistan's Supreme Court has delivered a landmark constitutional ruling, declaring that the Federal Constitutional Court (FCC) has exclusive jurisdiction over National Accountability Bureau (NAB) second appeals and all related bail applications.

A three-member bench comprising Justice Muhammad Ali Mazhar, Justice Musarrat Hilali and Justice Shahid Bilal Hassan issued the verdict on July 24, resolving legal uncertainty created after the 27th Constitutional Amendment and the introduction of Section 32-A into the National Accountability Ordinance on March 5, 2026.

Why the case mattered

The central legal question was whether the Supreme Court could hear a bail application when the main NAB appeal had already been transferred to the FCC.

Lawyers for the accused argued that bail proceedings under Pakistan's criminal procedure laws are separate from a second appeal. However, the Attorney General's Office and NAB maintained that appeals and all connected proceedings should remain before the same constitutional forum.

Court rejects parallel proceedings

In its 30-page judgment, the Supreme Court held that bail applications are not independent proceedings but are directly linked to the main criminal appeal. Allowing the appeal before the FCC while hearing bail before the Supreme Court could result in conflicting decisions, legal uncertainty and forum shopping.

The court emphasised that judicial jurisdiction is determined solely by the Constitution and statutory law, not by past practice, public pressure or the preferences of litigating parties.

Legal experts say the ruling establishes a uniform constitutional principle that will apply equally to all NAB cases, reinforcing the separation of judicial powers and providing greater clarity over Pakistan's post-amendment appellate framework.