Justices Mansoor Ali Shah, Athar Minallah’s resignations accepted

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ISLAMABAD: President Asif Ali Zardari on Friday formally accepted the resignations of the judges of the Supreme Court.

A day ago, after the implementation of the 27th constitutional amendment, the two judges submitted their resignations to President Zardari.

Jurists criticized the 27th Amendment, calling it “a serious attack on the Constitution of Pakistan”. However, the federal government termed the judges’ resignations as “political speeches” and the latter’s charges as “unconstitutional”.

In his 13-page resignation letter, Justice Shah termed the recent constitutional amendment as an attack on the Constitution that abolishes the Supreme Court, compromises judicial independence and undermines the country’s constitutional democracy.

On Wednesday, the National Assembly passed an amendment bill making changes to the judicial structure and military command.

The amended bill improved the structure of the newly established Federal Constitutional Court (FCC), clarified the titles and ranks of the country’s top judges, and dropped several provisions from the Senate-approved draft that sought to change the oath-related provisions for various constitutional offices.

Another key amendment came in Clause 23, which amended Article 176 by stating, “Notwithstanding anything contained in the Constitution, the incumbent Chief Justice shall continue to be known as the Chief Justice of Pakistan during his term of office”.

A further addition was made under Clause 56, which now defines the “Chief Justice of Pakistan” as the Chief Justice of the Federal Constitutional Court and the Chief Justice of the Supreme Court as “senior”, thereby establishing a formal hierarchy between the two judicial heads. These opportunities were sent to the Senate and passed the same day.

Justice Shah wrote that the amendment, approved “without debate”, creates an FCC above the Supreme Court and places the judiciary under executive influence, leaving the apex court “smaller and dwindling”.

He said he could not “take away his constitutional authority” in court, adding that continuing would be tantamount to tacitly accepting a constitutional wrong. He lamented that after the 26th Amendment, his hope was now “extinguished”.

Warning that judicial independence faces “the beginning of the end”, he said nations lose their moral compass when justice is coerced. He thanked colleagues and family members, saying resignation was the only honest way to honor his oath.

Justice Menala, in his resignation letter, rejected the 27th Amendment, saying that the Constitution he promised to defend “no longer exists” and now lives only as a shadow without its spirit.

He wrote that he had warned the chief justice before the amendment was approved, but his concerns were realized during the “silence and inaction”. He said that by continuing in office, he would dishonor his oath and the memory of the Constitution.

Reacting to the contents of the judges’ resignations, Assistant Prime Minister for Political Affairs Rana Sanaullah called the jurists respectable but accused them of pushing a “political” and “self-serving” agenda, urging them to explain their claim that the Supreme Court is fractured.

In addition, Minister of State for Law Barrister Ekil Malik labeled the letters “unconstitutional”, insisting that Parliament’s legislative authority cannot be challenged. He criticized the political use of courts and said that the decisions should follow the law instead of personal interests.