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SC Justices Mansoor Ali Shah and Athar Minallah Resign After 27th Amendment Becomes Law

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In an unprecedented development, Supreme Court Justices Mansoor Ali Shah and Athar Minallah resigned on Thursday, only hours after President Asif Ali Zardari signed the controversial 27th Constitutional Amendment into law.

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The resignations of Justice Mansoor Ali Shah — a widely searched public figure often referenced through queries such as Justice Mansoor Ali Shah Wikipedia, biography, family background, and retirement date — and Justice Athar Minallah mark one of the most turbulent moments in Pakistan’s judicial history.

‘A grave assault on the Constitution’ — Justice Mansoor Ali Shah

In his resignation letter, Justice Mansoor Ali Shah termed the 27th Amendment “a grave assault on the Constitution of Pakistan.” He warned that the amendment dismantles the Supreme Court, places the judiciary under executive control, and “strikes at the heart of constitutional democracy.”

He added that remaining in office would mean “silent acquiescence in a constitutional wrong.”

Justice Shah emphasised that unlike the 26th Amendment, the new law strips the Supreme Court of its authority to examine constitutional questions, effectively leaving the institution “truncated and diminished.”

Justice Athar Minallah: ‘The Constitution is no more’

Justice Athar Minallah, known for his strong constitutional positions, wrote that the Constitution he took oath to protect “is no more.”

He highlighted raising concerns in advance about the amendment but regretted that those fears had now materialised.

“What is left of it is a mere shadow,”
he wrote, warning that the judiciary’s moral authority had suffered deep wounds.

Justice Minallah, whose background often appears in public searches such as Justice Athar Minallah family, reminded that judicial robes are “symbols of trust, not complicity.”

Background and judicial career

Justice Minallah, son of civil servant Nasrum Minallah and son-in-law of the late Justice Safdar Shah, previously served in Pakistan Customs before joining the bar and later emerging as a strong voice during the lawyers’ movement.

He was elevated to the Supreme Court in 2022 alongside Justices Mansoor Ali Shah, Shahid Waheed and Syed Hasan Azhar Rizvi.

27th Amendment: What changes now

The 27th Constitutional Amendment restructures Pakistan’s judicial framework by establishing the Federal Constitutional Court (FCC) — a body that will now hear all constitutional matters.
Regular courts will handle all other cases.

Key clauses include:

  • Clause 23: Incumbent CJP Yahya Afridi will continue until the end of his term.

  • Clause 56: After his tenure, the senior-most judge among the chief justices of the Supreme Court and FCC will become the next CJP.

Sources confirmed that the President is expected to administer the oath to the first Chief Justice of the FCC on Friday.

Former Attorney General Makhdoom Ali Khan also resigns

Adding to the shake-up, former Attorney General Makhdoom Ali Khan resigned from the Law and Justice Commission, saying the amendment had “sunk the ship” of judicial independence.

He said remaining part of the commission would be “the worst fraud possible… a fraud on oneself.”

Senate approval amid protest

The Senate passed the bill with 64 votes in favour and 4 against, after reconsideration due to amendments added by the National Assembly.

The government says the amendment aims to “streamline governance”, while opposition parties argue it is a direct attempt to weaken the judiciary.

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