The first victim of the 27th Constitutional Amendment was revealed yesterday, as two Supreme Court justices, Justice Syed Mansoor Ali Shah a...
The first victim of the 27th Constitutional Amendment was revealed yesterday, as two Supreme Court justices, Justice Syed Mansoor Ali Shah and Justice Athar Minallah, stepped down from their positions on the highest court.
The President of Pakistan, Asif Ali Zardari, approved the 27th Amendment yesterday, which outlines significant changes in the higher judiciary and the nation's military. Nonetheless, several people believe that these modifications are equivalent to undermining the base of Pakistan's Constitution.
In a five-page letter, Justice Mansoor stated, 'The Twenty-Seventh Constitutional Amendment represents a serious attack on the Constitution of Pakistan. It undermines the Supreme Court of Pakistan, places the judiciary under executive authority, and challenges the core of our constitutional democracy - causing justice to become more remote, more fragile, and more susceptible to power.'
He stated that by breaking the unity of the nation's highest court, it has undermined judicial independence and integrity, causing the country to regress by decades. As history shows, this distortion of the constitutional framework is not viable and will eventually be corrected - though not without inflicting lasting institutional damage.
Justice Mansoor stated that at this crucial moment, only two options are available to me as a judge of this court: either to stay within a system that weakens the core principles of the institution I have pledged to safeguard, or to resign in objection to its domination.
Remaining in the position would not only signify passive agreement with a constitutional injustice, but also imply staying in a court where the constitutional voice has been silenced.
He mentioned that in contrast to the Twenty-Sixth Amendment, where the Supreme Court of Pakistan still had the authority to review and address constitutional issues, the current amendment has removed this essential and crucial jurisdiction and power from the court. Being part of such a limited and weakened court, I am unable to safeguard the Constitution, nor can I legally assess the amendment that has damaged it.
"I cannot maintain my oath while serving in a court that has lost its constitutional function; thus, resignation becomes the sole honest and meaningful way to honor my oath. Remaining in this form of the Supreme Court of Pakistan would imply that I traded my oath for titles, salaries, or benefits. Therefore, for the reasons mentioned below, and according to Article 206(1) of the Constitution of the Islamic Republic of Pakistan, I hereby resign from my position as a Judge of the Supreme Court of Pakistan, effective immediately," stated the judge.
He stated that the Twenty-Seventh Constitutional Amendment was passed by a government—and supported by the current leadership of the Supreme Court—despite their own legitimacy facing significant constitutional challenges. At a time when the dignity and independence of the Court required principled opposition, the sitting Chief Justice provided none. Rather than safeguarding the institution he was responsible for leading, he agreed to the amendment and only focused on preserving his own position and title, even as the Court's constitutional standing was being undermined. When the head of the judiciary prioritizes personal continuity over institutional integrity—particularly while his own legitimacy is under judicial review—the outcome is not leadership, but abandonment. Until these legitimacy concerns were openly and definitively addressed, neither the government nor the current judicial leadership had any moral or constitutional right to reshape the judicial framework of the State. Nevertheless, they went ahead and did just that, distorting the structure of justice and undermining the core of Pakistan's constitutional equilibrium.
He further stated that the 27th Amendment split the Supreme Court of Pakistan and established a new Federal Constitutional Court above it—an arrangement completely unfamiliar in the common-law system. This amendment lacks constitutional rationale, legal necessity, and any judicial basis. It was passed without discussion, without consultation, and without obtaining the thoughtful input of the judiciary it aims to restructure.
Justice Shah stated that the Twenty-Sixth Constitutional Amendment, enacted in October 2024, represented the initial move in a planned effort to undermine judicial independence. However, at that time, there was still a small glimmer of hope—that the Supreme Court of Pakistan would, as a Full Court, review the amendment and restore its constitutional responsibilities. I decided to remain, believing that institutional logic and constitutional ethics would prevail. The hope, which once inspired many within the institution, has now been lost. The flame of judicial independence has not dimmed by chance—it has been deliberately weakened.
In his individual letter, Justice Athar Minallah stated; 'Eleven years ago, I pledged my allegiance as a judge of the Islamabad High Court. Four years later, I took the oath as the Chief Justice of that court. Another four years later, I swore an oath as a judge of the Supreme Court of Pakistan. Throughout this more than ten-year tenure in these robes, and with each of these oaths, the serious commitment I made was essentially the same. It was not an oath to a constitution; it was an oath to the Constitution.'
He stated, "The Constitution to which I took an oath to protect and defend no longer exists. Despite my attempts to convince myself otherwise, I cannot imagine a greater disrespect to its legacy than to claim that, as new foundations are being established, they are built on anything other than its ruins. For, what remains of it is only a shadow— one that no longer embodies its spirit or speaks the words of the people it was meant to represent."
"The garments we wear are far more than just decorations. They are meant to act as a reminder of the esteemed responsibility given to those who are privileged to wear them. However, in our history, they have frequently represented betrayal through both silence and involvement. For future generations to view them in a different light, our future must not mirror our past," stated Justice Athar.
He concluded that it is through this strong hope that I now hang these robes for the final time, and submit my official resignation from the position of Judge of the Supreme Court of Pakistan, effective immediately.
Provided by SyndiGate Media Inc. (Syndigate.info).
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