ISLAMABAD: Justice Mansoor Ali Shah has penned his dissenting note in the NAB Amendments case that was struck down by a three-member bench of SC headed by then CJP Umar Ata Bandial.
On September 15, the Supreme Court of Pakistan struck down amendments made to National Accountability Bureau laws as it announced its reserved verdict on the Pakistan Tehreek-e-Insaf (PTI) chairman’s plea.
Justice Mansoor Ali Shah in his 27-page dissenting note said that the judiciary can review the legislation made by the Parliament when it is in clash with human rights.
“Reviewing legislation is like degrading Parliament and democracy.” The plea lacks how the accountability of people having a public office in criminal law is a basic right, Justice Shah said.
“The stance of the applicant in the NAB amendments case on basic rights is unclear.” It will be difficult for the Parliament to do legislation on any matter if the stance of the applicant is accepted in the NAB amendments case, Justice Mansoor Ali Shah.
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The SC judge further said in his dissenting note that in his humble opinion, to recognize the constitutional command that ‘the State shall exercise its power and authority through the chosen representatives of the people’ and to recognize the principle of trichotomy of powers, which is the foundation of parliamentary democracy.
He also said the judiciary should exercise restraint until the Constitution of Pakistan was not violated.
Due to a meritless plea under Article 8-2 with great respect, I disagree with my learned judges and dismiss this petition, Justice Mansoor Ali Shah concluded.
