Justice Musarrat Hilali declines Constitutional Court position

The Supreme Court's Justice Musarrat Hilali has declined the offer to become a judge of the Constitutional Court.

According to sources, Justice Hilali turned down the position due to health-related concerns.

Meanwhile, the first chief justice of the Federal Constitutional Court, Justice Aminuddin Khan, has taken the oath of office. President Asif Ali Zardari administered the oath, with Field Marshal Asim Munir and several federal ministers in attendance.

Justice Aminuddin Khan has been appointed as the first chief justice of the Federal Constitutional Court. Following President Zardari’s approval, the Law Ministry issued the official notification on Thursday night. The appointment was made on the recommendation of Prime Minister Shehbaz Sharif.

On the other hand, in a significant development, Supreme Court Justices Mansoor Ali Shah and Athar Minallah tendered their resignations to President Zardari on Thursday. 

Also Read: SC judges Justice Mansoor, Justice Athar Minallah resign

Justice 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.

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.” 

Also Read: President Zardari signs 27th Amendment into law

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.