Military officers and judges are also accountable, Justice Mansoor's dissenting note in the NAB amendments case

Court cannot interfere in internal affairs of Parliament, dissenting note of Justice Mansoor in NAB Amendments case. Photo file

Supreme Court Justice Mansoor Ali Shah has issued a note disagreeing with the decision of September 15 in the NAB amendments case.


Justice Mansoor Ali Shah's 27-page dissenting note on the Supreme Court's NAB amendment verdict has written that the judiciary can review legislation only when it conflicts with fundamental human rights, keeping the interests of the legislators in front. Scrutinizing legislation is tantamount to undermining parliament and democracy.


Justice Mansoor wrote in his note that the dissenter does not follow the direction of the crowd, he moves in the direction of the future. .


In his dissenting note, he wrote that the balance between the institutions can only be maintained if there is mutual respect, in a parliamentary system the judiciary is not seen as antagonistic to the executive or the legislature, the judiciary should show restraint until such time. Should not violate constitutional limits.


Justice Mansoor Ali Shah also wrote in his note that the petitioner failed to prove the NAB amendments against public interest, I dismiss the petition as not on merits in view of Article 8(2) of the Constitution.


The distinguished judge has also written in his note that all the laws made by the parliament eventually reach the fundamental rights in one way or another, judges and military officers can be held accountable under the NAB law, he questioned on 50 hearings of the case whether the military Officers and judges can be held accountable? Military officers and judges are also accountable under the NAB amendments, there is an impression that corruption of military officers and judges cannot be held accountable.


Justice Mansoor Ali Shah wrote that the right of parliamentarians to challenge the law does not become a claim, in a democratic system only the decision or legislation of the majority is considered final, the legislation of the whole parliament instead of those who voted in support of the legislation approved by the majority. It must be understood, that dissenters from legislation in Parliament do not have the power to challenge it, the Court cannot interfere in the internal affairs of Parliament.