Justice Mansoor Ali Shah and Justice Athar Minallah resign as Supreme Court judges

ISLAMABAD: Senior puisne judge Justice Mansoor Ali Shah and Justice Athar Minallah have resigned as Supreme Court judges.

Both the judges have sent their resignations to the President of Pakistan, sources said.

The development comes after both houses of Parliament passed the contentious 27th Constitutional Amendment, which was subsequently signed by President Asif Ali Zardari.

Justice Mansoor Ali Shah submitted his resignation in both English and Urdu, describing the 27th Constitutional Amendment as a severe blow to democracy. He said the judiciary had been divided, setting the country back by decades.

Justice Mansoor Ali Shah said that the 27th Constitutional Amendment has fractured the Supreme Court of Pakistan. He said the 27th Amendment has placed the judiciary under the control of the government.

He added that the amendment delivers a severe blow to the spirit of Pakistan’s constitutional democracy.

In his resignation letter, Justice Athar Minallah said that when he took the oath of office 11 years ago, he swore to uphold not “a constitution” but “the Constitution.”

Justice Minallah wrote that prior to the passage of the 27th Constitutional Amendment, he had written to the Chief Justice of Pakistan, raising concerns about what the proposed changes meant for the country’s constitutional order.

“I need not reproduce the detailed contents of that letter, but suffice it to say that, against a backdrop of selective silence and inaction, those fears have now come true,” he added.

The judge lamented that the Constitution he had vowed to protect was “no more,” warning that the new foundations laid under the amendment rested upon its “grave.”

“What remains is a mere shadow, one that neither breathes its spirit nor speaks the words of the people to whom it belongs,” Justice Minallah wrote.

He also reflected on the significance of judicial robes, saying: “These robes we wear are more than mere ornaments. They serve as a reminder of the noble trust bestowed upon those fortunate enough to don them. Instead, throughout our history, they have too often stood as symbols of betrayal through silence and complicity alike.”

On November 10, Supreme Court Justice Mansoor Ali Shah, in a letter to Chief Justice of Pakistan Justice Yahya Afridi, warned that if the judiciary did not remain united, its independence and rulings would be at risk. He emphasized that history does not remember those who remain silent, but honours those who stand for the supremacy of the Constitution.

In his letter, Justice Mansoor Ali Shah urged the Chief Justice, as head of the judiciary, to immediately contact the executive and clarify that no amendment can be made without consulting judges of the Constitutional Courts. He also suggested that a convention comprising judges of the Constitutional Courts could be convened.

Justice Shah questioned the appropriateness of a new constitutional amendment when issues regarding the 26th Amendment remain unresolved. The letter further pointed out that the establishment of a Federal Constitutional Court was being justified on the basis of pending cases, although most of these cases exist at the district judiciary level, not at the Supreme Court level.

It is noteworthy that following the approval of the 27th Constitutional Amendment, a Constitutional Court will be established. According to sources, Justice Aminuddin Khan is expected to be appointed as its Chief Justice.