| Citation(s) |
|---|
| 2026 SLG 3730 = 2026 SLD 3730 |
Supreme Court of Pakistan
Criminal Petition for leave to Appeal No.316 of 2018,Criminal Petition for leave to Appeal No.1553 of 2025
Presented By: Muhammad Ali Mazhar JUDGE
For the Petitioners: (For NAB in Cr.PLA No. 316/18) (In Cr.PLA.No.1553/25) For the Federation: (On Notice under Order XXVII-A CPC) For the
Respondent: (In Cr.PLA. No. 316/18) Dates of Hearing: Mr. Nasir Mahmood Mughal, DPGA Raja Rizwan Ibrahim Satti, Special Prosecutor Mr. M. Rafay Maqsood, Special Prosecutor Mr. Zafar Hussain Ahmad, Special Prosecutor Ms. Umber, Special Prosecutor Ms.Uzma Aslam Mughal, Special Prosecutor Mr. Naeem Tariq Sanghera, APGA Ch. Mumtaz Yousaf, APGA (also for respondents in Crl.P.1553/2025) Mr. Ibad-ur-Rehman Lodhi, ASC Mr. Mansoor Usman Awan, AGP Barrister Umar Aslam Khan, Addl. AGP Raja Shafqat Khan Abbasi, DAG. Mr. Muhammad Yaseen Raza Khan, ASC (via video link from Peshawar) 14th and 16th July, 2026.
Criminal Petition for leave to Appeal No.316 of 2018,Criminal Petition for leave to Appeal No.1553 of 2025
Presented By: Muhammad Ali Mazhar JUDGE
For the Petitioners: (For NAB in Cr.PLA No. 316/18) (In Cr.PLA.No.1553/25) For the Federation: (On Notice under Order XXVII-A CPC) For the
Respondent: (In Cr.PLA. No. 316/18) Dates of Hearing: Mr. Nasir Mahmood Mughal, DPGA Raja Rizwan Ibrahim Satti, Special Prosecutor Mr. M. Rafay Maqsood, Special Prosecutor Mr. Zafar Hussain Ahmad, Special Prosecutor Ms. Umber, Special Prosecutor Ms.Uzma Aslam Mughal, Special Prosecutor Mr. Naeem Tariq Sanghera, APGA Ch. Mumtaz Yousaf, APGA (also for respondents in Crl.P.1553/2025) Mr. Ibad-ur-Rehman Lodhi, ASC Mr. Mansoor Usman Awan, AGP Barrister Umar Aslam Khan, Addl. AGP Raja Shafqat Khan Abbasi, DAG. Mr. Muhammad Yaseen Raza Khan, ASC (via video link from Peshawar) 14th and 16th July, 2026.
Chairman, National Accountability Bureau thr. Prosecutor General Accountability, NAB, Islamabad Aamir Mahmood Adeel Ahmed & another The State through P.G. National Accountability
VERSUS
Bureau, Islamabad and another
Law: National Accountability Ordinance, 1999
Section: 4,5,9(b),32,32A
Law: Code of Criminal Procedure, 1898
Section: 426,439,496,497,498,491,561-A
Law: Civil Procedure Code, 1908
Section: 100 ,101
Case Summary Case Title: Chairman, National Accountability Bureau (NAB) v. Adeel Ahmed & another / Aamir Mahmood Court: Supreme Court of Pakistan (Appellate Jurisdiction) Case Nos.: Criminal Petition for Leave to Appeal No. 316 of 2018 & Criminal Petition for Leave to Appeal No. 1553 of 2025 Judgment Date: 24 July 2026 Facts Two criminal petitions were pending before the Supreme Court under the National Accountability Ordinance (NAO), 1999: NAB challenged the acquittal of Adeel Ahmed by the Peshawar High Court. Aamir Mahmood challenged the Islamabad High Court's refusal of post-arrest bail. During the proceedings, NAB raised a preliminary objection that after the Constitution (Twenty-Seventh Amendment) Act, 2025 and the National Accountability (Amendment) Act, 2026, the Supreme Court no longer had jurisdiction over NAB appeals or bail matters, as such jurisdiction had shifted to the Federal Constitutional Court (FCC). Issue Whether the Supreme Court retains jurisdiction to hear NAB appeals, bail petitions, suspension of sentence applications, and other ancillary matters after the creation of the Federal Constitutional Court and insertion of Section 32A of the NAO. Held The Supreme Court held that: The Constitution (Twenty-Seventh Amendment), 2025 and Section 32A of the National Accountability Ordinance transferred appellate jurisdiction in NAB matters to the Federal Constitutional Court. Bail, suspension of sentence and other interlocutory matters are ancillary to appellate jurisdiction and must also be decided by the FCC. The Supreme Court cannot assume jurisdiction merely because the statute is silent regarding bail. All pending NAB criminal petitions and appeals before the Supreme Court stand transferred to the Federal Constitutional Court by operation of law. Ratio Decidendi Jurisdiction can only be exercised when expressly conferred by the Constitution or statute. Section 32A grants a statutory right of second appeal to the Federal Constitutional Court. Ancillary powers, including grant of bail and suspension of sentence, accompany the appellate jurisdiction of the FCC. Parallel jurisdiction between the Supreme Court and FCC in NAB matters is…