Two important and senior judges of the Supreme Court of Pakistan, Justice Syed Mansoor Ali Shah and Justice Athar Minallah, have resigned from their posts.
Both judges have sent their resignations to the President. Both judges were considered active and influential members of the country’s higher judiciary. It should be remembered that Chief Justice of Pakistan Justice Yahya Afridi had recently called a full court meeting, which will be held tomorrow after Friday prayers.
According to sources, matters related to the 27th Constitutional Amendment will be discussed in the meeting. The meeting was called after the written letters of the same three judges, Justice Mansoor Ali Shah, Justice Athar Minallah and Justice Salahuddin Panhor, who had demanded that the Chief Justice hold a full court consultation on the 27th Constitutional Amendment. Also read: Chief Justice of Pakistan calls full court meeting. According to sources, the full court meeting will consider various aspects of the amendment, while the judges will present their constitutional and legal opinions.
Justice Mansoor Ali Shah sent a 13-page resignation to the President. He said that the 27th Constitutional Amendment is a serious attack on the Constitution of Pakistan, the 27th Constitutional Amendment has torn the Supreme Court of Pakistan to pieces, the amendment has made the judiciary subordinate to the government. The 27th Amendment has dealt a serious blow to the spirit of our constitutional democracy.
Justice Mansoor Ali Shah and Justice Muneeb Akhtar wrote a new letter on the release of the meeting minutes. Earlier on November 10, Justice Mansoor Ali Shah had written a letter to the Chief Justice of Pakistan, Justice Yahya Afridi, asking him to immediately contact the executive as the head of the judiciary.
Justice Mansoor Ali Shah, while demanding formal consultation with the judiciary on the proposed constitutional amendment, had said in his letter that if the judiciary does not unite, both its independence and decisions will be affected. History remembers not those who remain silent, but those who stand up for the dignity of the Constitution.
The letter recommended that the Chief Justice of Pakistan convene a meeting of judges of all constitutional courts and suggested formal consultation with the Supreme Court, High Courts and the Federal Sharia Court.
Justice Mansoor Ali Shah’s letter said that the Chief Justice should clarify that amendments cannot be made without consulting the judges of the constitutional courts, and a convention consisting of judges of the constitutional courts can also be called.
Justice Mansoor Ali Shah had said in his letter that you are not the administrator of this institution but also the guardian; this moment requires you to show leadership.
The text of the letter said that the institutional position of the judiciary should be sent in writing to the government and parliament, and that the government should be informed not to present amendments until the consultation is complete. My request is not disagreement, but an appeal for institutional solidarity.
Justice Mansoor Ali Shah had said in his letter that this letter is not against any individual, but is in favor of the supremacy of the Constitution and the independence of the judiciary. Remaining silent on the Constitution will undermine the spirit of the constitutional oath. It is everyone’s responsibility to protect an independent and dignified judiciary for future generations.
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