SC Reserves Verdict on Jurisdictional Authority Over NAB Bail Pleas

ISLAMABAD, Jul 16 (APP):The Supreme Court of Pakistan has reserved its verdict regarding the court’s authority to hear bail petitions in cases involving amendments to the National Accountability Bureau (NAB) laws, following the conclusion of arguments from all parties.

During the proceedings, counsel for the petitioner, Ebad-ur-Rehman Lodhi, argued that while appeals against final judgments of the High Court would be heard by the Federal Constitutional Court, the Supreme Court retains the jurisdiction to hear bail matters if relief is denied by the High Court.

He further contended that Section 32 of the NAB Ordinance is not applicable to bail proceedings.

Justice Muhammad Ali Mazhar raised a pivotal legal question during the hearing: whether a bail petition can be converted into an appeal if the court decides to grant bail. He noted that if the Supreme Court were to convert a bail plea into an appeal, it would effectively become an appellate forum, whereas, under the amended NAB law, the Federal Constitutional Court serves as the designated appellate authority.

Justice Mazhar asked the legal counsel to clarify how the Supreme Court could function as an appellate authority in bail matters and requested that a clear legal pathway be presented to the court.

In his rebuttal, Ebad-ur-Rehman Lodhi urged the court to protect its judicial mandate, stating, “For the sake of justice, the court should not surrender its authority for the ulterior motives of the administration.” He further argued that the law does not grant the Federal Constitutional Court the authority to hear bail cases, and urged the apex court to retain its jurisdiction in such matters.

Following the completion of arguments, the Supreme Court reserved its judgment on the matter.