Strong reactions pour in after Supreme Court judges resign

Lawyer activists have come down hard on the 27th Constitutional Amendment after two Supreme Court judges tendered their resignations, expressing strong disagreement with the changes related to the judiciary. Many argued that the amendment undermines transparency and judicial independence by giving the executive excessive influence over judicial affairs.

The resignations came after the judges had requested Chief Justice of Pakistan Yahya Afridi to convene a full court meeting to review the amendment. However, seeing no significant action being taken, the two judges stepped down.

Two Supreme Court judges,  Justice Mansoor Ali Shah and Justice Athar Minallah resigned on Thursday after the government introduced major changes to the Supreme Court and the office of judges through the 27th Amendment. At the same time, Justice Aminuddin Khan was appointed as the Chief Justice of the newly established Federal Constitutional Court.

President Asif Ali Zardari signed the 59-clause amendment into the Constitution on Thursday, following its approval by both houses of Parliament.

"Honourable Justices Mansoor Ali Shah & Athar Minallah did the honourable thing by resigning as judges of the Supreme Court. It would have been impossible for them to function according to their conscience & vision under the new circumstances," President of Pakistan Institute of Legislative stated on X. 

He further added, "Both judges were the most intellectually endowed & independent-minded. This is a great loss of Pakistani judiciary!" 

Sameera Khosa, a lawyer, asserted that the proposed FCC would simply function as an instrument of the executive and would lack any credibility.

"The 27th Amendment has sealed the death of an independent judiciary. The judges who take oath in an illegitimate Federally Controlled Court (FCC) will be nothing but collaborators… those who accepted extensions & titles in exchange for conscience."

"Truly a sad day to witness the complete unravelling of the independence of the judiciary. Justice Athar Minallah resigns - nation loses a brave and independent senior judge," former federal minister stated. 

Advocate Jalila Haider said, 'This is a deeply unfortunate moment for our judiciary and the entire system. It feels as though we are witnessing not just the departure of two judges, but the dimming of a moral compass that once anchored our courts."

Lawyer Imaan Mazari stated that the resignations of the respected judges lay bare the fact that even honest and powerful people within the system cannot reform it.

"There is hope for this country in Justice Mansoor Ali Shah and Justice Athar Minallah’s resignations. No one can fight this system from within - its been tried and tested after the 26th Amendment."

Minister of State for Law and Justice Aqeel Malik confirmed the resignations. However, it remains unclear whether they have been formally accepted.

Makhdoom Ali Khan, a member of the Law and Justice Commission of Pakistan and a former attorney general, has also resigned.

In his resignation letter, a copy of which is available with Independent Urdu, Justice Athar Minallah wrote that he had earlier informed the Chief Justice of Pakistan of his concerns regarding the impact of the proposed amendment on the constitutional system.

Calling the 27th Amendment a “greater assault”, Justice Mansoor Ali Shah said the amendment has weakened the Supreme Court, subordinated the judiciary to the administration, and damaged fundamental democratic principles.

According to him, this amendment “dismantles the Supreme Court of Pakistan, subjugates the judiciary to executive control, and strikes at the very heart of our constitutional democracy.”

He wrote that history shows such disfigurement of the constitutional order is unsustainable and will eventually be reversed.

“Staying on would not only amount to silent acquiescence in a constitutional wrong, but would also mean continuing to sit in a court whose constitutional voice has been muted,” Justice Shah said.

The most significant judicial change in the 27th Amendment is the creation of a Federal Constitutional Court alongside the existing Supreme Court, a move opposed by several Supreme Court judges, leading lawyers, and civil society groups.

Several Supreme Court judges also wrote letters to the Chief Justice on Monday demanding a full court meeting and a judicial conference.

Justice Athar Minallah, who has now resigned, had previously called for a judicial conference in his letter. Another Supreme Court judge, Justice Salahuddin Panhwar also wrote to Chief Justice Yahya Afridi expressing concern.

He warned that the amendment affects the foundations of the judiciary and poses a risk to judicial independence. His letter noted that the amendment may disrupt judicial balance, impact bench formation, affect the appointment and removal of judges, and reduce financial and administrative autonomy.

Former Chief Justice Jawad S Khawaja has also challenged the amendment in the Supreme Court, arguing that the Supreme Court must retain exclusive authority to determine the constitutionality or legal validity of any amendment under the Constitution and the law.