Justice Mansoor Ali Shah, a Supreme Court Judge, expressed his objection to the three-member bench hearing the Pakistan Tehreek-e-Insaf’s (PTI) petition against the National Accountability Bureau (NAB) amendments.
The bench, presided over by Chief Justice Umar Ata Bandial, comprising Justice Mansoor and Justice Ijazul Ahsan heard the petition.
During the hearing, Justice Mansoor suggested that the NAB amendment case should be presented before the full court, emphasizing that the case could have significant impact.
He referred to the Attorney General for Pakistan, Mansoor Usman Awan, who had similarly raised concerns during a military court case.
Citing Sections 3 and 4 of the Supreme Court (Practice and Procedure) Act, Justice Mansoor argued that cases like this should ideally be heard by a bench comprising at least five members. He pressed for Chief Justice Umar Ata Bandial to constitute a full court specifically for this case.
Justice Mansoor recalled his prior recommendation for a full court to hear cases challenging military courts.
He further noted that the Supreme Court Practice and Procedure Act had not been definitively settled, which influenced his perspective.
It’s noteworthy that Justice Mansoor was previously one of the two judges who questioned the concentration of power within the Chief Justice’s office, advocating for a reconsideration of this dynamic.
In the courtroom, Yasir Aman, assistant counsel for Khawaja Haris — the counsel representing PTI — informed the court that Haris had requested Aman to stand in due to health concerns. The court granted Aman the opportunity to present arguments.
Justice Mansoor initiated the proceeding by reprimanding PTI’s lawyer for failing to adequately address which fundamental rights were being compromised by the NAB amendments.
He said this question had been raised since the first hearing, yet the petitioner’s counsel had not provided a satisfactory response.
Chief Justice Bandial remarked that it might not be within the court’s purview to review amendments made in 2023.
He clarified that the NAB amendments of 2022 had been challenged before the court.
The Chief Justice instructed the PTI counsel to submit the updated NAB amendments along with their written responses.
The hearing was adjourned until August 28.
