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High Court rulings in NAB cases can now be challenged in FCC

Published on: March 6, 2026 2:25 AM

The Senate on Thursday passed a private member’s bill seeking amendments to the National Accountability Ordinance (NAO) 1999, introducing a second appellate forum in accountability cases and clarifying several procedural provisions related to bail, jurisdiction and administrative continuity in the NAB.

The National Accountability (Amendment) Bill, 2026, moved by Senator Mohammad Abdul Qadir, proposes that decisions of High Courts in NAB cases may be challenged through a second appeal before the Federal Constitutional Court within 30 days, expanding the appellate framework for accountability proceedings.

Law Minister Azam Nazir Tarar told the House the government had no objection to the proposed amendments.

Speaking during the debate, Tarar said the bill addressed certain procedural ambiguities in the accountability law, particularly regarding the power of courts to grant bail and the handling of proceedings.

“In my opinion these are good suggestions,” the law minister said, adding that the amendments aimed to provide clarity and strengthen legal safeguards in accountability matters.

Under the proposed amendments, accountability courts and relevant High Courts would be clearly empowered to grant bail or order release of an accused under the relevant provisions of the Code of Criminal Procedure.

The bill also proposes allowing the chairman of the National Accountability Bureau to serve a three-year term that may be extended once for an additional three years, replacing the current provision that bars reappointment or extension.

Another change seeks to adjust the financial threshold used in NAB cases annually according to the inflation index published by the Pakistan Bureau of Statistics, ensuring that monetary limits remain realistic over time.

In addition, the bill clarifies that procedural provisions governing trials under the accountability law would also apply to appellate proceedings, a move aimed at removing interpretational ambiguity in the ordinance.

Leader of the House Ishaq Dar supported the bill during the debate, arguing that it introduced positive legal improvements and should not be politicised.

He said the Constitution allows the Federal Constitutional Court to hear appeals from High Court decisions if parliament provides such a forum through legislation.

“The Constitution clearly states that the Federal Constitutional Court shall have jurisdiction to hear appeals from judgments and orders of a High Court where an Act of Parliament so provides,” Dar said, citing the relevant constitutional provision.

He noted that the measure was a private member’s bill and emphasised that parliament regularly considers such legislative proposals.

“If anyone believes further changes are needed, another amendment bill can always be introduced. Legislation is an evolving process,” he said.

However, the treasury benches supported the proposal, arguing that it would strengthen due process protections in accountability cases.

Earlier, the National Assembly passed the “National Accountability (Amendment) Bill, 2026” with a majority vote.

The bill was moved by MNA Mah Jabeen Khan Abbasi.

Filed Under: Pakistan Tagged With: FCC, Federal Constitutional Court, High Court, NAB cases

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