Pakistan’s judiciary plunged deeper into crisis today as a third judge, Justice Shams Mehmood Mirza of the Lahore High Court (LHC), resigned in protest against the 27th Constitutional Amendment, joining two Supreme Court justices in a stand against what they view as a direct assault on judicial independence.
Justice Mirza, an additional judge at the LHC since March 2014 and son of the late Supreme Court Justice Zia Mehmood Mirza, tendered his resignation on Saturday, becoming the first high court judge to step down over the controversial reforms. In his letter, he stated that “in light of the latest amendment to the Constitution, he could not continue in good conscience.”
This follows the resignations of Supreme Court Justices Mansoor Ali Shah and Athar Minallah, accepted by President Asif Ali Zardari on Friday after he signed the amendment into law on November 13. In a 13-page letter, Justice Shah condemned the changes as an attempt to “dismantle the Supreme Court,” subjugating the judiciary to executive and military influence while eroding constitutional democracy. “It strikes at the very heart of our constitutional order, making justice more distant, more fragile, and more vulnerable to power,” he wrote, also criticising Chief Justice Yahya Afridi for inadequate resistance.
Justice Minallah, in his own letter, lamented that the Constitution he vowed to protect “is no more,” reduced to a “mere shadow” devoid of its essence. He framed his departure as a necessary protest against an “attack on the Constitution.”
The 27th Amendment, decried by the International Commission of Jurists as a “flagrant attack on judicial independence,” restructures the judiciary of Pakistan. It creates a Federal Constitutional Court (FCC) to adjudicate all constitutional matters, demoting the Supreme Court to handling only civil and criminal appeals under a revised Article 189. FCC rulings will bind all courts, including the Supreme Court.
Additionally, the amendment empowers the Judicial Commission of Pakistan to transfer high court judges without their consent, a provision raising concerns about politicised postings.
The amendment also elevates Army Chief General Syed Asim Munir to Chief of Defence Forces and grants him Life-long constitutional protection and immunity.
After the three resignations, speculations of further dissent have mounted as Justice Salahuddin Panhwar of the Supreme Court urged a full-court review of the amendment’s judicial provisions. Meanwhile, Islamabad High Court Justices Mohsin Akhtar Kayani and Saman Rafat Imtiaz have signalled potential boycotts of hearings from next month, or even resignations. During routine hearings, both of them separately said that they will not be available from next month to hear the respective cases.
