President Asif Ali Zardari on Friday formally accepted the resignations of Supreme Court justices Mansoor Ali Shah and Athar Minallah, who stepped down in protest against the recently passed 27th Constitutional Amendment. The resignations were submitted a day after the amendment was enacted, which has been criticized by the judiciary as a serious threat to Pakistan’s constitutional framework.
Judges Condemn Amendment as Assault on Judicial Independence
In his 13-page resignation letter, Justice Mansoor Ali Shah described the amendment as a “grave assault” that undermines the Supreme Court, weakens judicial independence, and jeopardizes the country’s constitutional democracy. He argued that the creation of the Federal Constitutional Court (FCC) above the Supreme Court, without prior debate or consultation, places the judiciary under executive influence and leaves the apex court “truncated and diminished.”
Justice Shah warned that the amendment marks “the beginning of the end” for judicial independence and stressed that remaining in office would be tantamount to silently endorsing a constitutional violation. He expressed gratitude to his colleagues and family, emphasizing that resignation was the only honorable way to uphold his oath.
Justice Athar Minallah, in his resignation, similarly rejected the amendment, stating that the Constitution he had pledged to defend “no longer exists” in its true spirit. He cited warnings given to the Chief Justice prior to the amendment’s passage and lamented the “silence and inaction” that followed. Continuing in office, he felt, would betray his oath and dishonor the Constitution.
Government Labels Resignations as Political
The federal government, however, dismissed the resignations as politically motivated. Special Assistant to the Prime Minister on Political Affairs Rana Sanaullah acknowledged the judges’ respectability but accused them of pursuing a “political and self-serving agenda.”
Meanwhile, Minister of State for Law Barrister Aqeel Malik called the letters “unconstitutional,” asserting that Parliament’s legislative authority cannot be challenged. He further criticized the politicization of the judiciary, emphasizing that decisions must adhere to law rather than personal interests.
The 27th Amendment, passed by the National Assembly on Wednesday, modifies the judicial structure, adjusts the ranking of top judges, and clarifies provisions related to the Chief Justice of Pakistan and the Federal Constitutional Court. Clause 23 and Clause 56 establish a formal hierarchy and reaffirm the status of the incumbent Chief Justice, sparking concerns among jurists about judicial independence.
