Justice Mansoor Ali Shah has issued his dissenting note in the National Accountability Bureau (NAB) amendment case, saying that he does not agree that the amendments affect the fundamental rights of the citizens of the country.

Issued on Monday, over a month after the majority verdict was announced, the 27-page note also addresses Imran Khan, the petitioner in the case, who chose not to resist the amendments in parliament.

“The petitioner, a parliamentarian who chose not to participate in the process of enactment of those amendments, either by supporting or opposing them in the Parliament, has instead, challenged those amendments in this Court invoking its original jurisdiction under Article 184(3) of the Constitution,” Justice Shah wrote.

The judge also said he could not see how the NAB amendments infringe upon the fundamental right to life, dignity, property and equality.

Justice Shah wrote that he also does not see the merit in the argument that the amendments take away the right of the public to hold their representatives accountable. The argument had been extended to say that this could lead to the economic well-being of the country being affected.

However, the judge wrote that the only way to hold elected representatives is the election which is not affected.

“The Constitution by itself provides only one mode to hold the elected representatives accountable, that is, by exercising the right of vote in the election,” the note said.

The note added that criminal prosecution for corruption was created by parliament under sub-constitutional laws and if the parliament can create such laws it can amend them as well.

In September, a three-member bench had struck down amendments to the NAB law in a 2-1 verdict. It was the last judgment issued by Justice Umar Ata Bandial as chief justice, with Justice Ijaz ul Ahsan also agreeing.

Apart from declaring the law unconstitutional, the court had also ordered that all corruption cases closed due to the amendment should be reopened.