Two senior judges of the Supreme Court – Justice Mansoor Ali Shah and Justice Athar Minallah – have tendered their resignations on Thursday.
Both judges resigned from their positions as judges of the Supreme Court.
Justice Mansoor Ali Shah sent his 13-page resignation letter to President Asif Ali Zardari.
Justice Mansoor Ali Shah, in his letter, sharply criticised the recently adopted 27th constitutional amendment.
Justice Athar Minallah has also sent his seven-page resignation to the president.
In his resignation letter, Justice Mansoor Ali Shah declared the 27th Constitutional Amendment as a “serious attack on the Constitution of Pakistan.”
Justice Shah stated that the 27th Amendment has “fragmented the Supreme Court of Pakistan.”
He stated that the amendment has made the judiciary “subordinate to the government,” and “struck at the very soul of our constitutional democracy.”
Justice Mansoor Ali Shah stated that his conscience was clear and that he had no regrets about stepping down.
“I am resigning from the office of Senior Judge of the Supreme Court. The constitutional amendment is a grave attack on the Constitution of Pakistan,” he wrote.
He said he had served the institution with honour and integrity, but the 27th Amendment had dealt a severe blow to the Supreme Court.
“Through this amendment, the Supreme Court has been shattered, justice has been distanced from the common man, and the judiciary has been made subordinate to the government,” the letter added.
Justice Shah also quoted verses by poet Ahmad Faraz, writing, “My pen is a trust from my people.”
He said the amendment had struck “a deep wound on the soul of our constitutional democracy.”
In his resignation letter to the president, Justice Athar Minallah wrote that “the Constitution I swore to protect no longer remains intact.”
He stated that he had always pledged allegiance to uphold the Constitution, but the recent amendment and circumstances had proven that “the Constitution has lost its spirit.”
The development came after parliament approved the 27th constitutional amendment bill, creating a separate federal constitutional court.
Earlier, Supreme Court Chief Justice Yahya Afridi summoned a full court meeting on Friday to discuss the 27th amendment.
Earlier, on November 10, Justice Mansoor Ali Shah had written a letter to Chief Justice of Pakistan Yahya Afridi, urging him, as head of the judiciary, to immediately engage with the executive.
In his letter, Justice Shah had called for formal consultations with the judiciary over the 27th constitutional amendment, warning that if the judiciary failed to remain united, both its independence and its judgments would be undermined.
“History does not remember those who remain silent; it remembers those who stand for the supremacy of the Constitution,” Justice Shah had written.
He had recommended that the Chief Justice convene a meeting of all judges of the constitutional courts, including the Supreme Court, High Courts, and the Federal Shariat Court, for formal consultation on the matter.
Justice Shah had also emphasised that the Chief Justice should make it clear that no amendment could be enacted without consultation with judges of the constitutional courts, suggesting that a convention of all such judges could be called if necessary.
“You are not only the administrator of this institution but also its guardian,” Justice Shah had written, adding, “This moment demands leadership from you.”