LHC judge resigns; third judge to step down after 27th Amendment

Lahore High Court’s Justice Shams Mehmood Mirza tendered his resignation and vacated his chamber on Saturday. The resignation comes after a slew of resignations from two Supreme Court judges and the former attorney general of Pakistan (AGP) Makhdoom Ali Khan.

According to reports, Justice Shams was expected to be transferred following the 27th Amendment, but he chose to resign. 

Justice Mirza took oath as an additional judge of the LHC on March 22, 2014, and was due to retire in 2028.

According to reports, Justice Shams Mehmood Mirza became the first Lahore High Court judge to resign after the passage of the 27th Amendment. His resignation was sent to the President of Pakistan.

He was serving as a member of the Lahore High Court’s administrative committee.

He is the son of former Supreme Court judge Justice Zia Mehmood Mirza. Earlier this year, a reference was also filed against Justice Shams Mehmood Mirza in the Supreme Judicial Council by a government lawyer.

Earlier, reports surfaced online stating that at least two judges of the Islamabad High Court, Justice Mohsin Akhtar Kayani and Justice Saman Rafat Imtiaz have indicated that their exit, following the 27th Constitutional Amendment.

Under the recently approved amendment, the Judicial Commission of Pakistan has been granted the authority to transfer High Court judges even without their consent. 

Judges who refuse to be transferred to the Constitutional Court or between High Courts will be considered retired. The amendment also shifts the power to transfer judges from the President to the Supreme Judicial Commission.

Additionally, the 27th Amendment clarifies that Chief Justices of High Courts will not be transferred, and in case of the transfer of a High Court judge, the seniority of the Chief Justice of the receiving High Court will not be compromised.