ISLAMABAD: Justice Shams Mehmood Mirza resigned from the Lahore High Court on Saturday. He became the first high court judge to step down after the contentious 27th Constitutional Amendment became law. Family sources confirmed that he submitted his resignation letter earlier in the day.
Resignation cites concerns over amended constitutional framework
According to his family, Justice Mirza stated in his resignation letter that he could not continue in good conscience. He referred directly to the constitutional changes and expressed reservations about their impact on judicial independence. His decision immediately drew attention within legal circles.
Justice Mirza began his judicial career as an additional judge of the Lahore High Court in March 2014. His superannuation was due on March 6, 2028. He is also the brother-in-law of PTI Secretary General Salman Akram Raja. He is the son of the late Justice Zia Mehmood Mirza, who served as a Supreme Court judge. His father authored the only dissenting opinion in the landmark Benazir Bhutto versus President of Pakistan case.
Amendment triggers wider unrest within the judiciary
His resignation came two days after the approval of the 27th Amendment. The International Commission of Jurists criticised the amendment as a flagrant attack on judicial independence. The amendment has already fuelled significant debate across the legal community.
The move followed the resignations of Supreme Court judges Justice Mansoor Ali Shah and Justice Athar Minallah. Both judges issued strongly worded letters condemning the amendment. Their departures added further pressure on the government and the judiciary.
Speculation is also growing about possible transfers of high court judges. Justices Mohsin Akhtar Kayani and Saman Rafat Imtiaz of the Islamabad High Court indicated they might not hear cases in the capital next month.
Key provisions reshaping judicial authority
The 27th Amendment introduces major changes to judicial operations. It allows the Judicial Commission of Pakistan to transfer high court judges without their consent. This clause has triggered deep concern within various judicial ranks.
The amendment also establishes the Federal Constitutional Court. Experts say the new court will replace the Supreme Court as the highest constitutional forum. The FCC will decide constitutional matters, and its decisions will bind all courts, including the Supreme Court. Under the amended Article 189, the Supreme Court becomes the apex court only for civil matters.
