Supreme Court’s Justice Mansoor Ali Shah issued a 27-page dissenting note on the NAB amendments verdict, observing that members of the armed forces and judges are accountable under the accountability laws.
In a majority 2-1 verdict, the apex court on September 15 annulled some amendments made to the National Accountability Ordinance (NAO), 1999 during the tenure of the previous Pakistan Democratic Movement (PDM)-led government.
Headed by then-chief justice Umar Ata Bandial, the three-member bench included Justice Mansoor Ali Shah and Justice Ijaz Ul Ahsan.
In the dissenting note issued today, Justice Shah said during the course of over 50 dates of hearings in the case, the SC judge said a question was also raised as to whether the judges of the constitutional court and the members of the armed forces enjoy exemption from the NAB Ordinance.
“We must, therefore, strongly shun the above generally professed opinion and be clear that members of Armed Forces and the judges of the constitutional courts are fully liable under the NAB Ordinance, like any other public servant of Pakistan,” the judge observed.
Justice Shah observed that the courts should decide cases as per the law and Constitution even if the public sentiment is against them, highlighting the principle of “trichotomy of power,” saying no state organ can claim superiority over the other.
“Courts must rise above the ‘hooting throng’ and keep their eyes set on the future of democracy, undeterred by the changing politics of today. Courts unlike political parties don’t have to win popular support. Courts are to decide according to the Constitution and the law even if the public sentiment is against them,” wrote Justice Shah.
