The senior-most judges of the Supreme Court of Pakistan, Justice Mansoor Ali Shah and Justice Athar Minallah, have resigned from their positions.
According to reports, both senior judges of the Supreme Court have formally submitted their resignations. Justice Mansoor Ali Shah sent his resignation to President Asif Ali Zardari, stating that he has served the institution with dignity, honesty, and integrity, and that he is stepping down with a clear conscience and without any regret.
Contents of Justice Mansoor Ali Shah’s Resignation
In his resignation, Justice Mansoor wrote that he has no remorse, and he is resigning as the senior-most judge of the Supreme Court. He termed the 27th Constitutional Amendment as an attack on the Constitution of Pakistan, stating that it has dealt a severe blow to the Supreme Court, distancing justice from the common citizen and rendering the weak powerless against authority.
He further stated that the amendment has divided the highest court of the country and undermined its independence, pushing Pakistan several decades backward. He said he cannot uphold his oath in a court whose constitutional authority has been compromised.
Justice Mansoor added that Pakistan has always had one Supreme Court, which is the collective constitutional inheritance of the nation, but the 27th Amendment has dismantled this structure and established a constitutional court above the Supreme Court. He said the amendment was passed without consultation, debate, or judicial input, with the sole purpose of enabling the government to appoint preferred judges.
He stated that nations progress only when the rule of law is upheld as a central principle and judicial independence is treated as a sacred trust.
Contents of Justice Athar Minallah’s Resignation
In his resignation, Justice Athar Minallah wrote that 11 years ago, he took an oath as a judge of the Islamabad High Court, later serving as its Chief Justice, and eventually becoming a judge of the Supreme Court. Throughout this period, the fundamental promise he upheld was loyalty not to any individual document, but to the Constitution of Pakistan itself.
He noted that before the passage of the 27th Constitutional Amendment, he had written to the Chief Justice of Pakistan, expressing reservations about the proposed clauses and highlighting what they would mean for the constitutional structure of the country. His concerns, he said, have now become reality.
Justice Athar Minallah stated that fulfilling his oath has been the greatest honor of his life, but it is the same oath that now compels him to resign, as the Constitution he had sworn to protect no longer exists in its true form.
He added that he cannot live with the falsehood that the new arrangements being established are built on the same constitutional foundations. According to him, what remains now is only a shadow—without the spirit of the Constitution or the voice of the people for whom it was created.
He concluded by saying that if future generations are to view the judiciary differently, then repeating the mistakes of the past must not be an option. It is with these hopes, he stated, that he removes the judicial robe forever and formally resigns from his position as a judge of the Supreme Court.
