In his resignation, Justice Shah terms 27th Amendment ‘grave assault’ on Constitution
The senior-most judges of the Supreme Court, Justices Mansoor Ali Shah and Athar Minallah, have tendered their resignations following the approval of the 27th Constitutional Amendment by Parliament.
In his 13-page resignation letter, Supreme Court Justice Mansoor Ali Shah stated that the 27th Constitutional Amendment is a serious attack on the Constitution of Pakistan. He further remarked that the amendment has fragmented the Supreme Court of Pakistan.
“The Twenty-Seventh Constitutional Amendment stands as a grave assault on the Constitution of Pakistan. It dismantles the Supreme Court of Pakistan, subjugates the judiciary to executive control, and strikes at the very heart of our constitutional democracy- making justice more distant, more fragile, and more vulnerable to power,” Justice Mansoor stated in his resignation.
“I am unable to uphold my oath sitting inside a court that has been deprived of its constitutional role; resignation therefore becomes the only honest and effective expression of honouring my oath. Continuing in such a version of the Supreme Court of Pakistan, would only suggest that I bartered my oath for titles, salaries, or privileges,” reads Justice Mansoor’s resignation letter.
He further mentioned, “Accordingly, for the reasons set out hereunder, and in terms of Article 206(1) of the Constitution of the Islamic Republic of Pakistan, I hereby resign from the office of Judge of the Supreme Court of Pakistan, with immediate effect.”
Meanwhile, Justice Athar Minallah in his resignation letter stated that, “It has been my greatest honor and privilege to serve the people of Pakistan as part of its judiciary, and I have, to the best of my ability, endeavored to discharge my duties in accordance with my oath. Today, it is that very same oath that compels me to tender my formal resignation,” reads the Athar Minallah resignation.
“The Constitution that I swore an oath to uphold and defend is no more. Much as I have tried to convince myself otherwise, I can think of no greater assault on its memory than to pretend that, as new foundations are now laid, they rest upon anything other than its grave. For, what is left of it is a mere shadow – one that breathes neither its spirit, nor speaks the words of the people to whom it belongs,” it adds.
“It is in that ardent hope that I now hang these robes up for the last time and tender my formal resignation from the office of Judge of the Supreme Court of Pakistan, with immediate effect,” it concludes.
Chief Justice of Pakistan Yahya Afridi has also convened a full court session on Friday (tomorrow) to deliberate on the 27th Constitutional Amendment, the session is scheduled for tomorrow, before Friday prayers, sources told The Express Tribune.
The decision follows multiple letters from Supreme Court justices, bar associations, and senior lawyers requesting deliberation on the amendment.
Earlier, President Asif Ali Zardari has signed the 27th Constitutional Amendment Bill, which had already been approved by both houses of Parliament. With this signature, the bill has now become part of the Constitution.
The Senate approved the 27th Constitutional Amendment bill after a second round of voting on Thursday, despite protests from the opposition. The clauses of the amendment had already been approved with a two-thirds majority.
The bill, previously passed by the National Assembly on Wednesday, comprises 56 clauses and was presented in the Senate in the same form.
Under the new legislation, the government has established a Federal Constitutional Court (FCC)—a body that now holds authority over constitutional matters, effectively making the Supreme Court subordinate to it. Justice Yahya Afridi has been granted the title of Chief Justice of Pakistan.
The new amendment has sparked widespread concern among the judiciary and legal community, with critics arguing that it undermines the independence of the Supreme Court. The controversy has prompted letters from sitting judges, petitions from senior lawyers, and coordinated protests by bar associations, highlighting the deep apprehension over the potential shift in the balance of power between the judiciary and the executive.
Justice Syed Mansoor had urged CJP Afridi to engage the executive regarding the proposed 27th amendment. Likewise, Justice Athar Minallah also suggested CJP Afridi to convene a judicial convention. Retired judges and lawyers are requested him the same. It is learnt that no formal full court meeting was convened by him on the issue.