The Supreme Court of Pakistan has issued a 58-page written decision on the National Accountability Bureau (NAB) Trameme case, including a dissenting note by Justice Mansoor Ali Shah spanning two pages.
In his dissenting note, Justice Mansoor Ali Shah expressed his disagreement with the majority decision, stating that he does not concur with the majority opinion. He argued that the fundamental question in his view is not about NAB Trameme itself but pertains to the higher authority of the parliament.
Justice Mansoor Ali Shah contended that the majority decision does not align with the constitutional principles of the separation of powers, as it allows NAB to make a majority decision on its own, which he deemed a violation of fundamental constitutional rights.
In his dissenting note, Justice Mansoor Ali Shah further explained that he received the majority decision late at night and did not have sufficient time to provide detailed reasons for his dissent. He indicated that he would release a more comprehensive dissenting note at a later date.
Justice Mansoor Ali Shah emphasized that the core issue in his perspective is not solely about NAB Trameme but involves the supreme importance of parliamentary democracy. He underscored that the parliament of Pakistan, comprising elected representatives chosen by 240 million citizens, represents the pinnacle of parliamentary constitutional democracy. Therefore, any questions related to its authority are of paramount significance. This matter, in his view, also pertains to the separation of powers, a cornerstone of democratic governance, and transcends the limits of limited judicial jurisdiction where unelected judges hold authority.
Justice Mansoor Ali Shah concluded his dissenting note by asserting that there has been no clear violation of any law, including fundamental rights. He argued that the majority decision does not conform to the constitutional principles governing the exercise of authority and does not adhere to the principles of the separation of powers.
Furthermore, Justice Mansoor Ali Shah posited that the majority opinion has fallen prey to an extralegal agenda of a particular prime minister, aiming to take political discussions and policy debates away from the parliament and into the courts.
Justice Mansoor Ali Shah’s dissenting note underscores the significance of parliamentary democracy, the separation of powers, and the constitutional principles that govern the exercise of authority. He asserts that the majority decision in the NAB Trameme case does not align with these principles and has the potential to disrupt the democratic processes of Pakistan.
