Two of the most senior Supreme Court judges, Justice Mansoor Ali Shah and Justice Athar Minallah, resigned from the apex court on Thursday after writing letters to Chief Justice of Pakistan Yahya Afridi, urging him to play his role as the guardian of the judiciary’s independence.
In his resignation letter, Senior Puisne Judge Justice Mansoor Ali Shah described the recent constitutional amendment as a direct attack on the apex court, saying that another court has effectively been placed above the Supreme Court.
Justice Shah said that he could not remain part of a court that had lost its constitutional role.
“The constitutional amendment has deprived the common people of justice, the weak have been made to bow before the powerful,” Justice Shah added.
Earlier, both judges wrote letters to the CJP, asking him to take a stand following the approval of controversial 27th Amendment.
Justice Shah, in a six-page letter, described the proposed amendment as a political manoeuvre intended to weaken the judiciary. He urged Chief Justice Yahya Afridi to confront the executive and establish a principle that no constitutional amendment affecting the judiciary should be enacted without prior consultation with the superior judiciary.
Justice Shah emphasized that the current moment demanded leadership, transparency, and institutional resolve. He cautioned that if such consultation was not initiated under the Chief Justice’s stewardship, it would inevitably be perceived as acquiescence and an abdication of the trust vested in the office.
Meanwhile, Justice Athar Minallah called for convening a conference to address the growing threats to judicial independence. He also lamented the use of the Supreme Court as an instrument by the unelected elite to suppress the people’s will.
Justice Minallah said that his letter was written as a solemn duty to the Constitution and to place on record, for future generations, how their destiny was being shaped behind “the marble walls of the last resort of justice.”
