In an unprecedented development, Supreme Court Justices Mansoor Ali Shah and Athar Minallah resigned on Thursday, hours after President Asif Ali Zardari signed the contentious 27th Constitutional Amendment into law.
The amendment, which establishes a Federal Constitutional Court, has been widely criticised as a move that undermines the authority and independence of the Supreme Court.
In his 13-page resignation letter addressed to the president, Justice Mansoor Ali Shah denounced the amendment as “a grave assault on the Constitution of Pakistan.” He wrote that it “dismantles the Supreme Court, subjugates the judiciary to executive control, and strikes at the very heart of our constitutional democracy.”
Justice Shah stated that remaining in office would mean “silent acquiescence in a constitutional wrong.” He added that the amendment strips the apex court of its jurisdiction to examine constitutional questions, making it impossible for judges to protect the Constitution. “Serving in such a truncated and diminished court, I cannot protect the Constitution,” he wrote.
Justice Athar Minallah also tendered his resignation, expressing similar concerns. In his letter, he wrote that he had taken an oath to uphold the Constitution, not merely a constitution. “The Constitution I swore to uphold is no more,” he lamented, adding that pretending otherwise would be “a betrayal through silence and complicity.”
Sources said President Zardari is expected to administer the oath to the newly appointed Chief Justice of the Federal Constitutional Court at the Presidency on Friday, a move that will officially operationalise the new judicial body amid growing political and legal controversy.