Lahore High Court (LHC) Justice Shams Mahmood Mirza has resigned from his position, becoming the first LHC judge to step down in the aftermath of the 27th Constitutional Amendment.
Justice Mirza has formally submitted his resignation to the president of Pakistan.
Justice Mirza’s resignation comes amid expectations that he would be transferred following the passage of the 27th Constitutional Amendment. He vacated his chamber shortly after sending his resignation, signaling an immediate departure from judicial duties.
According to available details, Justice Shams Mahmood Mirza was originally set to retire in 2028.
Reference pending against judge
A reference had also been filed against Justice Mirza in the Supreme Judicial Council (SJC) earlier this year, in January.
The existence of the reference, combined with the anticipated transfer under the new amendment, formed a backdrop to his decision to resign.
On Nov 13, in a significant development, Supreme Court Justices Mansoor Ali Shah and Athar Minallah had tendered their resignations to President Asif Ali Zardari. The move came as Pakistan’s judiciary underwent major changes.
Also Read: SC judges Justice Mansoor, Justice Athar Minallah resign
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.
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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.”
