The Supreme Court of Pakistan, while delivering an important constitutional decision regarding NAB cases, has declared that the hearing of pending cases, bail applications and related appeals of the National Accountability Bureau will now come under the jurisdiction of the Federal Constitutional Court (FCC), while the Supreme Court will not hear these matters further.
A three-member bench headed by Justice Muhammad Ali Mazhar said in its detailed judgement that under Article 175F of the Constitution and Section 32A of the National Accountability Ordinance, the Federal Constitutional Court has appellate jurisdiction in accountability cases; therefore, all such cases pending in the Supreme Court will be considered transferred to the new constitutional forum.
The court clarified in its judgement that the responsibility of the judiciary is to make decisions in accordance with the law and the Constitution. The judgement stated that no court should exercise any power not conferred upon it by law, while the waiver of legal power is also against constitutional principles.
The judgement also emphasised that the unnecessary exercise of judicial powers in the past raised questions on the judicial system, after which a new division of jurisdiction was introduced through constitutional reforms.
The Supreme Court ruled that after the 27th Constitutional Amendment, the right to a second appeal in accountability cases has become a regular legal avenue, which will also apply to pending cases; however, cases on which a final decision has already been taken will not be affected by this new legal change.
The judgement was issued on an appeal by NAB and an application regarding the bail of the accused Amir Mahmood in custody. The court, after examining the legal aspects of jurisdiction in both cases, declared the Federal Constitutional Court the relevant forum.
Legal experts say that after this decision, the next hearing of several important accountability cases, including the Al-Qadir Trust case, is likely to be held in the Federal Constitutional Court, where pending appeals and other petitions will be processed in accordance with the law.
