By Supreme Court Justice Mansoor Ali Shah has advocated for preserving the integrity of the legislative process and safeguarding democracy.
Shah’s dissent comes in response to the recent Supreme Court verdict regarding amendments to the National Accountability Bureau (NAB) law, which had been declared null and void by a majority vote of 2-1.
The dissenting note, spanning 27 pages, reflects Justice Shah’s commitment to upholding the principles of justice and democracy. He begins by quoting Benjamin Cardozo, a former Associate Justice of the United States Supreme Court, who cautioned against the voice of the majority merely reflecting the victory of power, rather than serving the greater good.
Justice Shah emphasizes that a dissenting perspective focuses on the future, not just the present.
Justice Antonin Scalia’s viewpoint, cited in the note, supports the idea that dissent adds to the dignity of the court, rather than diminishing it. Justice Shah underscores the importance of the judiciary remaining impartial and forward-looking, free from the influence of ever-shifting political dynamics.
He emphasizes that, unlike political parties, the courts do not need to seek popular support; their role is to ensure that the Constitution and the law are upheld.
The dissenting note makes a compelling argument that courts should adhere to the Constitution and the law, even when public sentiment may not align with their decisions.
Justice Shah challenges the petitioner’s assertion that holding public officeholders accountable under criminal laws is a fundamental right. This stance is met with skepticism in the note, which questions whether such a position could hinder the legislative process by undermining the ability of Parliament to enact necessary legislation.
Justice Shah further highlights that all legislation enacted by parliament, in one way or another, is connected to fundamental rights. The petitioner, according to the note, has failed to demonstrate that the NAB amendments are contrary to the public interest.
Moreover, the dissenting note clarifies that the NAB law applies to a wide range of individuals, including government officers, military personnel, and judges, demonstrating the law’s commitment to accountability and transparency.
Justice Mansoor Ali Shah’s dissenting note serves as a powerful reminder of the judiciary’s vital role in upholding democracy and the rule of law. While legislative debates continue, his perspective calls for a balanced and principled approach that respects the Constitution, the law, and the long-term interests of the nation.
As legislative debates continue, Justice Shah’s dissenting note emphasizes the critical role of the judiciary in safeguarding democracy and preserving the integrity of the legislative process.
His perspective calls for a balanced and principled approach that respects the Constitution, the law, and the long-term interests of the nation.
