In a significant development, Supreme Court Justices Mansoor Ali Shah and Athar Minallah on Thursday tendered their resignations to President Asif Ali Zardari.
The move comes as Pakistan’s judiciary undergoes major changes, including the upcoming oath-taking of Justice Aminuddin Khan as Chief Justice of the Federal Constitutional Court.
Justice Mansoor Ali Shah submitted a 13-page resignation to the president, strongly criticizing the 27th Constitutional Amendment. He wrote that the amendment dealt a “severe blow” to the Supreme Court and amounted to an “attack on the Constitution.”
He stated that the changes had made justice distant from the common man, arguing that the judiciary had now become subordinate to the government. In his resignation, he lamented that the independence of the judiciary — the country’s last hope for justice — had been compromised.
Justice Shah’s resignation also included poems by renowned Urdu poet Ahmed Faraz, symbolizing his deep sense of disappointment and loss.
“By dividing the country’s highest court and trampling on judicial independence, the nation has been pushed back decades,” he wrote, adding that history shows such constitutional disruptions never last, but their scars remain.
Justice Minallah: ‘Constitution I swore to protect no longer exists’
Justice Athar Minallah, in his resignation, took an equally strong stance, asserting that the 27th Amendment has effectively abolished the Constitution he had sworn to uphold.
He wrote, “The Constitution that I took an oath to protect is no longer in its original form. No matter how much I try to console myself, it is impossible to deny the fact that the new foundations are being laid on the grave of the Constitution.”
Justice Minallah recalled his 11-year judicial journey, beginning as a judge of the Islamabad High Court, then Chief Justice of the IHC, and later as a judge of the Supreme Court. He said that during his service, his only promise was to protect the original Constitution — not its altered version.
He also mentioned that he had raised serious concerns about the proposed 27th Amendment, even writing a letter to Chief Justice Yahya Afridi to express his reservations, which he now believes have proven true.
“These robes judges wear are a symbol of great trust,” he wrote. “Yet, in history, they have too often symbolized silence and expediency.”
Concluding his letter, Justice Minallah said, “It is my hope that future generations will see this robe not as a mark of treason, but as a symbol of honesty. With that hope, I am taking it off forever.”
Oath-taking of Justice Aminuddin Khan
Meanwhile, preparations are underway for Justice Aminuddin Khan to take oath as Chief Justice of the Federal Constitutional Court at the Presidential Palace.
Sources privy to the development added that the oath-taking could potentially be conducted tonight, with the president administering the oath.
Important figures, including the Prime Minister, Speaker of the National Assembly, Chairman Senate, and federal ministers, have reportedly been informed of the ceremony.
Justice Aminuddin Khan is expected to play a pivotal role as head of the newly established Constitutional Court, part of broader judicial reforms under the 27th Constitutional Amendment.
