Islamabad: Justice Mansoor Ali Shah of the Supreme Court has disagreed with the majority decision on former Prime Minister Imran Khan’s request against NAB proceedings in the Supreme Court. In the written judgment, he stated, “The question is about the importance of parliamentary democracy and the division of powers between the three pillars of the constitution.”He wrote in his decision that it is within the parliament’s authority to legislate, and the parliament alone can amend or modify the laws it has enacted. In this case, the question was not about illegal amendments but rather about the supremacy of parliament.It should be noted that the Supreme Court has declared NAB proceedings null and void with a majority decision. However, Justice Mansoor expressed his disagreement in his dissenting note, saying, “I received the majority judges’ decision last night. I respectfully state that I do not agree with this decision.”He wrote, “Due to time constraints, I will present my detailed position later. I will explain why I do not agree with this decision.” According to his dissenting note, “My helpless opinion is that in this case, there are not unilateral amendments but rather the parliamentary supremacy of 240 million elected parliamentarians is at stake before the Supreme Court.”Justice Mansoor Ali Shah wrote, “The question is about the importance of parliamentary democracy and the division of powers between the three pillars of the constitution. The question pertains to the powers of courts comprised of unelected judges who want to review the objectives and policies of the laws enacted by parliament and make allegations of violation of fundamental human rights in the constitution without any evidence above suspicion.”According to him, the majority decision has also ignored the clear provision of the constitution, which explicitly states that the state will exercise its authority through elected representatives, and the majority decision has disregarded the fundamental principles of parliamentary democracy, such as the division of powers between the three pillars (parliament, executive, and judiciary).Majority judges have trapped themselves in a non-constitutional web where they have dragged the political debate over the objectives and policies of the enacted laws of parliament into the courtroom without determining how the accountability of parliamentarians can be linked with the enforcement of human rights,” he wrote.According to Justice Mansoor Ali Shah, “The majority decision fails to understand that if parliament can make laws, it can also abolish them, and in this regard, parliament’s authority is unlimited. If parliament can enact NAB laws, it can also completely abolish them.”
(Credit: BBC Urdu)
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