Constitutional Court to ‘decide’ Imran Khan’s fate in all NAB cases

ISLAMABAD: A recent amendment to the National Accountability Bureau Act has transferred final appellate jurisdiction in NAB cases from the Supreme Court to the new Federal Constitutional Court, a development that has far-reaching implications for Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan, The News reported.

The National Accountability Bureau (Amendment) Act, 2026 inserts a new Section 32A, which identifies the newly created Federal Constitutional Court (FCC) as the forum for second appeals against High Court judgments in NAB cases.

According to the sources, the PTI leadership knows that not only the heaviest case of ₹190 million (Al-Qadir Trust), but also any other case falling under the domain of NAB, will ultimately be taken to the Constitutional Court.

The article in question reads: “32A Second appeal. Any person convicted or the responsible Attorney General, if so required by the Chairman of the NAB, aggrieved by the decision made by the High Court under Article 32, may present a second appeal to the Federal Constitutional Court within thirty days.”

The change means that if Imran’s conviction in any NAB reference, including the £190 million case, is upheld by the High Court, his final statutory appeal will not be heard by the Supreme Court but by the Federal Constitutional Court.

This amendment marks one of the first major transfers of appellate jurisdiction from the Supreme Court to the FCC following the constitutional restructuring of Pakistan’s higher judiciary.

PTI sources say the amendment is specific to Imran Khan and is important as his legal future is closely linked to the outcome of the ongoing accountability proceedings against him. The case, estimated to be worth £190 million, is believed to be the most serious corruption prosecution against the former prime minister, and its eventual fate could determine not only his criminal liability, but also his political future.

Although the amendment does not change the substantive law governing corruption offenses or the grounds available to challenge a conviction, it fundamentally gives the Federal Constitutional Court final authority over NAB convictions.

Under the previous legal framework, a litigant could challenge a decision of the High Court before the Supreme Court.

For Imran, however, the immediate consequence is clear. If the High Court upholds a conviction or does otherwise in an NAB case, including the referral of £190 million, its final legal battle will no longer be in the Supreme Court but in the Federal Constitutional Court.

Given the political significance of the NAB’s ongoing cases against the PTI founder, the amendment is likely to shape not only the future development of liability litigation, but also the broader political landscape in the months and years to come.

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