2 Pakistan SC judges resign in protest against contentious constitutional amendment

Islamabad, Nov 13 (PTI) Two senior judges of Pakistan's Supreme Court on Thursday resigned in protest against a new constitutional amendment, alleging that it undermined the Constitution and compromised the independence of the judiciary.

Justices Mansoor Ali Shah and Athar Minallah stepped down hours after President Asif Ali Zardari approved the contentious 27th Constitutional Amendment, the final step to make it a law after it was passed by both houses of parliament.

Under the amended legislation, a Federal Constitutional Court will be set up to deal with matters related to the Constitution, while the existing Supreme Court would deal only with traditional civil and criminal cases.

Justice Shah, in his letter, termed the amendment a "grave assault on the Constitution of Pakistan”, which “dismantles the Supreme Court of Pakistan, subjugates the judiciary to executive control, and strikes at the very heart of our constitutional democracy”.

“By fracturing the unity of the nation’s apex court, it has crippled judicial independence and integrity, pushing the country back by decades... Such a disfigurement of the constitutional order is unsustainable and will, in time, be reversed - but not before leaving deep institutional scars,” he wrote.

Shah said he had to choose between continuing to serve in a system that “undermines the very foundation of the institution one has sworn to protect” or stepping down.

“Staying on would not only amount to silent acquiescence in a constitutional wrong, but would also mean continuing to sit in a court whose constitutional voice has been muted. Serving in such a truncated and diminished court, I cannot protect the Constitution, nor can I even judicially examine the amendment that has disfigured it,” he wrote.

Justice Minallah, in his resignation letter, wrote he had sworn to uphold "the Constitution” but not merely "a constitution”.

“Prior to the passage of the 27th Amendment, I wrote to the Chief Justice of Pakistan, expressing concern over what its proposed features meant for our constitutional order... Against a canvas of selective silence and inaction, those fears have now come to be,” he stated.

Minallah said the Constitution he swore to uphold was “no more”, adding that he “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”.

“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,” he wrote.

“These robes we wear are more than mere ornaments. They are to serve as a reminder of that most noble trust bestowed upon those fortunate enough to don them. Instead, throughout our history, they have too often stood as symbols of betrayal through silence and complicity alike,” the judge said.

Earlier, President Zardari signed the amendment into law. Following this, Law Minister Azam Nazeer Tarar introduced a bill in the National Assembly to amend the Practice and Procedure Rules, which was passed by a majority.

He said the changes to the Practice and Procedure Act have led to the cessation of the Constitutional Benches, and that the prime minister will now send a summary for the appointment of the Chief Justice of the Federal Constitutional Court.

The law minister said the amendments were aimed at aligning the laws governing the judiciary with the 27th Amendment.

As per the new law, the President will appoint the Army Chief and the Chief of Defence Force on the advice of the Prime Minister. It also proposes that the post of Chairman of the Joint Chiefs of Staff Committee will expire on November 27, 2025.

The Chief of Army Staff, who will also be the Chief of Defence Forces, will appoint the head of the National Strategic Command in consultation with the Prime Minister, and the head of the National Strategic Command will be from the Pakistan Army.

The government will be able to promote individuals from the armed forces to the ranks of Field Marshal, Marshal of the Air Force and Admiral of the Fleet. The rank and privileges of Field Marshal will be for life, meaning that Field Marshals will remain Field Marshals for life. PTI SH SCY SCY