Supreme Court Justices Mansoor Ali Shah and Athar Minallah Resign

Judges cite 'grave assault' on Constitution following 27th Amendment's enactment

Muhammad Kamran Akhtar
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Web Desk – November 13, 2025

Islamabad: In a dramatic development, two senior judges of the Supreme Court of Pakistan, Justice Syed Mansoor Ali Shah and Justice Athar Minallah, have tendered their resignations hours after President Asif Ali Zardari signed the contentious 27th Constitutional Amendment into law. The move is widely seen as a protest against the amendment, which establishes a Federal Constitutional Court and restructures judicial powers, effectively subordinating the Supreme Court.

Justice Mansoor Ali Shah, the senior-most puisne judge, submitted his 13-page resignation letter to the President, terming the amendment a “grave assault on the Constitution of Pakistan” that “dismantles the Supreme Court, subjugates the judiciary to executive control, and strikes at the heart of our constitutional democracy.” In the letter, he stated that he had served the institution with honor, integrity, and conscience, adding, “My conscience is clear, and there is no regret in my heart.”

He lamented that justice has become distant from the common man, powerless before the mighty, and included a poignant verse in his letter. Justice Shah further noted that the amendment reduces the Supreme Court to a “mere appellate tribunal,” stripping it of its authority to address state excesses or protect fundamental rights. Prior to the amendment’s passage, he had written to Chief Justice Yahya Afridi expressing concerns about its implications for the constitutional order.

He emphasized that unlike the 26th Amendment, this one deprives the court of its jurisdiction to examine constitutional questions, stating, “Serving in such a truncated and diminished court, I cannot protect the Constitution, nor can I even judicially examine the amendment that has disfigured it.”

Justice Athar Minallah also forwarded his resignation to the President, reflecting on his 11-year judicial career that began with his oath as a judge of the Islamabad High Court. He wrote that serving the people of Pakistan and being part of its judiciary was the greatest honor, and he had strived to perform his duties in accordance with his constitutional oath. However, he added, “It is that very oath which compels me to resign today.”

Justice Minallah regretted that the Constitution he swore to uphold “is no more,” describing the amendment as an assault that leaves only a “mere shell” of the original document, one that no longer embodies the spirit of the people. He concluded with hope that future judges would uphold truth, stating, “It is in that ardent hope that I now hang these robes up for the last time.”

Both judges had previously urged Chief Justice Afridi to convene a full court meeting and judicial conference to debate the amendment, but their pleas went unheeded amid “selective silence and inaction.”

The resignations have sent shockwaves through legal and political circles, with lawyers and politicians calling it the “darkest day” in Pakistan’s judicial history. Chief Justice Yahya Afridi has convened a full court session on Friday to deliberate on the amendment. Legal experts warn that the changes could politicize judicial appointments and weaken the separation of powers, potentially leading to further constitutional challenges.

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