ISLAMABAD: Supreme Court (SC)’s Justice Mansoor Ali Shah on Monday issued 27-pages dissenting note in judgment pertaining to the NAB amendments.
Justice Shah wrote that judiciary could review a legislation only when it contradicted with fundamental human rights.
It said that examining the legislation by keeping the interest of the legislators in front was tantamount to undermining the parliament and democracy.
The note said that the court had to give judgments according to the constitution and law even if it goes against the public sentiment.
The balance between the institutions could be maintained only if there was a mutual relationship of respect, it said, adding that the judiciary should show tolerance as long as the constitutional limits were not violated.
Justice Mansoor said that the petitioner had failed to prove that the NAB amendments were against the public interest, adding, “I dismiss the petition as lacking in merit in view of Article 8(2) of the Constitution.”
He said that the court could
not interfere in the internal affairs of Parliament.
The petitioner’s counsel has completely failed to prove the NAB amendments against fundamental right.
Despite repeated questioning, the petitioners could not explain how fundamental rights were affected by the NAB amendments.
It may be mentioned here that the top court had set aside the NAB amendments in its judgment on September 15.