President Zardari accepts resignations of Justices Mansoor Ali Shah and Athar Minallah

  • Judges resign, terming 27th Constitutional Amendment an ‘assault on the judiciary and Constitution’
  • Justice Mansoor Ali Shah calls the amendment a threat to Supreme Court’s independence
  • Resignations submitted hours after President Zardari signs controversial amendment into law

ISLAMABAD: President Asif Ali Zardari on Friday formally accepted the resignations of Supreme Court judges Mansoor Ali Shah and Athar Minallah, a post on the President’s official X account confirmed.

The resignations came hours after the controversial 27th Constitutional Amendment was signed into law, which both judges described as a “direct affront to the judiciary and the 1973 Constitution.”

Justice Mansoor Ali Shah, in his detailed 13-page resignation letter addressed to the President in English and Urdu, described the amendment as a “grave assault on the Constitution” that dismantled the Supreme Court, subjugated the judiciary to executive control, and struck at the “very heart of our constitutional democracy.”

He added that the legislation made justice “more distant, more fragile and more vulnerable to power,” explaining that he resigned out of loyalty to the Constitution that had guided every step of his judicial life.

Justice Athar Minallah, in his resignation letter, expressed profound regret, saying that the Constitution he had sworn to uphold was “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,” he wrote, underlining his dismay over the amendment’s implications for judicial independence.

Both judges had recently petitioned Chief Justice of Pakistan (CJP) Yahya Afridi to convene a full court meeting to deliberate the amendment. However, according to a Supreme Court press release, no discussion on the 27th Amendment took place during Friday’s full court meeting, which instead gave final approval to the SC Rules, 2025.

The resignations have triggered political debate with Defence Minister Khawaja Asif criticized the judges, asserting that their “consciences only awakened after their monopoly was curtailed,” and implied their objections were influenced by loss of authority rather than constitutional principle.

The 27th Constitutional Amendment, enacted by President Zardari on Thursday, has been widely described as controversial, with critics arguing that it undermines the independence of the judiciary and concentrates power in the executive. The resignations of Justices Shah and Minallah mark an unprecedented move by sitting Supreme Court judges in response to constitutional changes and have intensified nationwide discussions on judicial autonomy and democratic checks and balances.

As the political and legal discourse continues, observers suggest that these resignations could set the tone for further scrutiny of the amendment and its long-term implications for Pakistan’s constitutional framework and the rule of law.

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