NAO 1999: IHC issues notices in response to plea challenging legality of Sec 32A

ISLAMABAD: The Islamabad High Court (IHC) has issued notices to the Secretary of the National Assembly, Secretary of the Senate, and Secretary of the Ministry of Law and Justice regarding the constitutionality of Section 32A of the National Accountability Ordinance (NAO), 1999.

A single bench of Justice Arbab Muhammad Tahir on Thursday issued the notices in a petition filed by the Judicial Activism Panel (JAP), challenging the constitutional validity of newly inserted Section 32A in the NAO.

The JAP counsel, Muhammad Azhar Siddique, contended that, by virtue of Section 6 of the National Accountability (Amendment) Act, 2026, a new provision, namely, Section 32A, was inserted in the NAO, 1999, whereby the power to hear and adjudicate a second appeal against a decision of the High Court under Section 32 of the NAO, 1999 has been conferred upon the Federal Constitutional Court.

He added, “that, prior to the said amendment, appeals against decisions of the High Court under Section 32 of the NAO, 1999 were heard and adjudicated by the Hon’ble Supreme Court under Article 185 of the Constitution; that, while constituting the Federal Constitutional Court through the Constitution (Twenty-Seventh Amendment) Act, 2025, the legislative object was to segregate matters requiring constitutional interpretation from the other appellate jurisdiction of the Hon’ble Supreme Court.”

He also said that by conferring criminal appellate jurisdiction upon the Federal Constitutional Court under Section 32A of the NAO, 1999, the Legislature has, in effect, frustrated the object behind the insertion of Chapter 1A (The Federal Constitutional Court) in Part VII (The Judicature) of the Constitution; and that the impugned legislation is in conflict with Articles 185 and 175F of the Constitution.

The judge inquired whether the vires of Section 32A of the NAO, 1999 had ever been raised before, or adjudicated upon by the Supreme Court or the FCC.

The counsel then referred to paragraph 3/8 of the order dated 24.07.2026 passed by the Supreme Court in Crl.PLAs No.316/2018 & d 1553/2025 and submitted that the question of vires of the impugned provision was neither raised nor adjudicated upon therein.

Justice Tahir’s order said that the points raised need consideration, and issued notices to the respondents for filing their reports and para-wise comments within 15 days.

Copyright Business Recorder, 2026