SC Justice Minallah issues dissenting note in NAB amendment case

Islamabad: Supreme Court’s (SC) Justice Athar Minallah on Wednesday issued his dissenting note in a case regarding live streaming of the NAB law amendments case.

Justice Athar Minallah, in his 13-page dissenting note, wrote, “The proceedings during the previous hearings held on 31.10.2023 and 14.05.2024 were streamed live.

The questions raised through the application are; whether live streaming of the proceedings before us could have been discontinued and whether, by doing so, the principles enunciated by a larger Bench of this Court were breached and the people at large were deprived of their right, inter alia, guaranteed under Article 19-A of the Constitution.

“Live streaming (audio and video) of the court proceedings in cases heard by this Court on a petition or Suo Moto, under Article 184(3) of the Constitution, must be made  available for the information of the public through a link on the official website of the Court, in conferment of the fundamental right of the public and for the fulfilment of the obligation of the Court under Article 184(3) of the Constitution. xiv) The right to have access to court proceed.

“The right to have access to court proceedings through live streaming is operative and justiciable even without the enactment of a law that may provide for the regulation of and reasonable restriction on such right.

“It is frequently alleged that the Bureau is being flagrantly used for political engineering. Discriminatory approach of NAB also is affecting its image and has shaken the faith of the people in its credibility and impartiality.

“The approach of this Court, therefore, should be to err in favour of the millions of followers and their representatives now, lest attempts be made after decades to remove an irretrievable blemish.”