Two senior Supreme Court judges, Justice Mansoor Ali Shah and Justice Athar Minallah, resigned on Thursday, marking one of the most significant moments in Pakistan’s judicial history. Both judges submitted their resignations to President Asif Ali Zardari as the country prepares for major structural changes in the judiciary, including the expected oath-taking of Justice Aminuddin Khan as Chief Justice of the newly formed Federal Constitutional Court.
Justice Mansoor Ali Shah submitted a detailed 13-page resignation, sharply criticizing the 27th Constitutional Amendment. He wrote that the amendment had caused a “severe blow” to the Supreme Court and weakened the Constitution. He stated that judicial independence had been compromised and justice had become inaccessible for ordinary citizens. Justice Shah also included verses by poet Ahmed Faraz, expressing his disappointment with the state of judicial autonomy.
He argued that the amendment had divided the highest court and pushed the country backwards. According to him, history shows that such constitutional disruptions do not endure, but they leave lasting damage.
Justice Athar Minallah also resigned with strong remarks. He stated that the amendment had fundamentally changed the Constitution he had sworn to defend. In his letter, he wrote that “new foundations are being laid on the grave of the Constitution,” and said it was no longer possible to convince himself otherwise.
Justice Minallah reflected on his 11 years in the judiciary, from his early days at the Islamabad High Court to his time as IHC Chief Justice and finally as a Supreme Court judge. He said his commitment was always to the original Constitution, not a changed version. He also revealed that he had raised concerns about the amendment earlier and had written to Chief Justice Yahya Afridi outlining his objections.
He ended his resignation by saying he hoped future generations would view a judge’s robe as a symbol of honesty, not silence or compromise.
Meanwhile, arrangements are being finalized for Justice Aminuddin Khan to take the oath as Chief Justice of the Federal Constitutional Court. Sources say the ceremony could take place as early as tonight, with President Asif Ali Zardari administering the oath. Senior government officials, including the prime minister and key parliamentary leaders, have been notified.
Justice Aminuddin Khan is expected to play a key role in leading the new Constitutional Court, which has been created as part of the reforms introduced under the 27th Constitutional Amendment.
