Supreme Court judges Mansoor Ali Shah, Athar Minallah resign after passage of 27th Amendment

The senior-most judges of the Supreme Court, Justices Mansoor Ali Shah and Athar Minallah, have tendered their resignations following the approval of the 27th Constitutional Amendment by parliament.

In his 13-page resignation, Supreme Court Justice Mansoor Ali Shah stated that the 27th Constitutional Amendment is a serious attack on the Constitution of Pakistan. He further remarked that the amendment has fragmented the Supreme Court of Pakistan.

Chief Justice of Pakistan Yahya Afridi has also convened a full court session on Friday to deliberate on the 27th Constitutional Amendment, after it was passed in the Senate by a two-thirds majority of 64 votes. The session is scheduled for tomorrow, before Friday prayers, sources told The Express Tribune.

The decision follows multiple letters from Supreme Court justices, bar associations, and senior lawyers requesting deliberation on the amendment.

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Earlier, President Asif Ali Zardari has signed the 27th Constitutional Amendment Bill, which had already been approved by both houses of Parliament. With this signature, the bill has now become part of the Constitution.

The Senate approved the 27th Constitutional Amendment bill after a second round of voting on Thursday, despite protests from the opposition. The clauses of the amendment had already been approved with a two-thirds majority.

The bill, previously passed by the National Assembly on Wednesday, comprises 56 clauses and was presented in the Senate in the same form.

Under the new legislation, the government has established a Federal Constitutional Court (FCC)—a body that now holds authority over constitutional matters, effectively making the Supreme Court subordinate to it. Justice Yahya Afridi has been granted the title of Chief Justice of Pakistan.

The new amendment has sparked widespread concern among the judiciary and legal community, with critics arguing that it undermines the independence of the Supreme Court. The controversy has prompted letters from sitting judges, petitions from senior lawyers, and coordinated protests by bar associations, highlighting the deep apprehension over the potential shift in the balance of power between the judiciary and the executive.

Justice Syed Mansoor had urged CJP Afridi to engage the executive regarding the proposed 27th amendment. Likewise, Justice Athar Minallah also suggested CJP Afridi to convene a judicial convention. Retired judges and lawyers are requested him the same. It is learnt that no formal full court meeting was convened by him on the issue.

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