Lahore High Court judge resigns protesting constitutional amendment in Pakistan

Lahore: Judicial crisis in Pakistan deepened on Saturday with a senior judge of Lahore High Court following suit of two Supreme Court judges who resigned protesting the “assault on the constitution and judiciary” through a new constitutional amendment.

Under the amended legislation, a Federal Constitutional Court (FCC) was set up to deal with matters related to the Constitution, while the existing Supreme Court would deal only with traditional civil and criminal cases.

The 27th Constitutional Amendment will also allow Army Chief Gen Asim Munir to stay in office till 2030 as Chief of Defense Forces (CDF).

Lahore High Court (LHC) Justice Shams Mehmood Mirza tendered his resignation becoming the first judge to resign from any high court after the contentious amendment was enacted into law.

Justice Mirza was due to superannuate on March 6, 2028. He is the brother-in-law of former prime minister Imran Khan's Pakistan Tehreek-e-Insaf (PTI) Secretary General Advocate Salman Akram Raja.

On Thursday, Supreme Court senior judges – Justice Syed Mansoor Ali Shah and Justice Athar Minallah hung up their robes hours after President Asif Ali Zarddari approved the 27th Amendment, describing the step as an affront to the judiciary and the 1973 Constitution.

Justice Mansoor Ali Shah described the amendment as a “grave assault on the Constitution” and said the 27th Amendment dismantled the Supreme Court of Pakistan, subjugated the judiciary to executive control and struck at the very heart of our constitutional democracy.

Under the 27th amendment, the Federal Constitutional Court (FCC) has been established.

The resigning judges are of the view that the FCC has dethroned the Supreme Court as the country’s highest judicial forum.

The FCC will now deal with crucial constitutional matters and its decisions will be binding on all courts, including the Supreme Court itself. Under the new Article 189, the Supreme Court would be downgraded to the apex court for civil.

The 27th Amendment, besides bringing changes in other domains, alters the judiciary’s functioning in two areas — constitutional matters and the transfer of judges.

The International Commission of Jurists (ICJ) has termed the passage of the 27th Amendment as a “flagrant attack” on judicial independence.