What SC Justice Mansoor Ali Shah writes in his dissenting note in NAB law petition verdict?
The Supreme Court has issued a written decision in the case against NAB (National Accountability Bureau), a 58-page decision authored by Chief Justice Pakistan Omar Ata Bandial. The decision includes a two-page dissenting note from Justice Mansoor Ali Shah.
Justice Mansoor Ali Shah's dissenting note states that he does not agree with the majority decision, rejects the PTI Chairman's request against NAB accountability, and emphasizes that the authority for legislating lies with the parliament, which can amend or change its own laws. He argues that the issue in the case was not about illegal tampering but rather the supremacy of parliament. I was informed about the majority decision last night.
Justice Mansoor Ali Shah mentions that he is not currently providing detailed reasons due to time constraints, but the case concerned the division of powers and parliamentary democracy. He questions how unelected judges of the Supreme Court can review the policy of elected members of the assembly and emphasizes that courts cannot review legislation without violating fundamental constitutional rights.
In the dissenting note, it is argued that the majority decision is against the constitutional scheme as per the Constitution, the state exercises its power and authority through elected representatives of the people, and a majority decision goes against the principles of the distribution of powers.
Justice Mansoor Ali Shah concludes by stating that the authority of parliament's legislation cannot be questioned, and the majority decision did not examine what wrongdoing parliament had committed; instead, it sought to connect the accountability of assembly members to a violation of fundamental rights