Islamabad: Supreme Court (SC) has reserved judgment following completion of hearing on important legal point related to power of jurisdiction regarding bail and appeals after amendment in NAB laws.
SC bench presided over by Justice Muhammad Ali Mazhar took up the case for hearing.
Counsel Abdul Rehman Lodhi took the plea appeal against the final decision of high court will be filed in Federal Constitutional Court (FCC).
If high court rejects bail plea of the accused then petition against it will be heard in SC.
Section 32 of NAB laws does not apply to the cases related to bail. Jurisdiction powers of hearing of bail pleas have not been given to the FCC.
Justice Muhammad Ali Mazhar remarked the basic question is this if bail is granted to the accused then does the bail plea change into appeal.
If SC changes the bail plea to appeal then it will itself become appellate forum. While FCC is appellate form under NAB laws.
The court inquired how can SC become appellate authority in bail cases. If SC heard the bail cases then legal base and way be told.
Justice Muhammad Ali Mazhar remarked appeal against high court decision will go to FCC under article 199, Can we say we will hear the bail by opening scheme or new window. Are such judicial precedents available that where SC has heard the case despite non availability of appeal form.
Ibad ul Rehman said word appeal was used in NAB March 2026 amendment act and word bail was not used.
Justice Musarrat Hilali remarked no word of bail is there in NAB amendment act. Is it not so that window has been left open where the favor is to be given.
Justice Muhammad Ali Mazhar remarked what was the intent of parliament behind NAB laws.
Attorney General (AG) Mansoor Usman Awan took the plea in his arguments SC gave such decisions in the past where the entire case was opened.
Justice Shahid Bilal Hassan remarked I agree with you on this point. SC settled the entire case in bail case in the past.
AG said one example can be given of Khawaja Saad Rafiq bail case.
Justice Musarrat Hilali inquired from AG is not so NAB amendment may have been got done by you.
AG said smilingly its briefest reply is NO.