LHC Judge Mirza Resigns Over 27th Constitutional Amendment

In a significant move, Justice Shams Mahmood Mirza of the Lahore High Court (LHC) resigned from his position, becoming the first LHC judge to do so after the controversial passage of the 27th Constitutional Amendment. His resignation, submitted to the President of Pakistan, signals a sharp protest against the amendment, which has caused upheaval in the country’s judicial system. Justice Mirza, who was set to retire in 2028, vacated his chamber shortly after sending in his resignation, marking a swift departure from his judicial duties.

Justice Mirza’s resignation follows growing tensions within the judiciary after the passage of the 27th Constitutional Amendment. It is believed that his resignation was partly prompted by the reference filed against him earlier in the year, in January, by the Supreme Judicial Council (SJC). He had also been expected to be transferred under the new amendment, adding to the pressure that led to his decision to resign. His departure is part of a broader trend within the judiciary, as other senior judges have also resigned in protest.

On November 13, two other prominent judges, Justices Mansoor Ali Shah and Athar Minallah, also tendered their resignations to President Asif Ali Zardari. Both judges strongly criticized the 27th Amendment, which they argued undermines the independence of the judiciary. Justice Shah, in his resignation letter, condemned the amendment as a “severe blow” to the Supreme Court, describing it as an “attack on the Constitution.” He expressed deep disappointment over the government’s actions, stating that they have made justice less accessible to the common people and made the judiciary subordinate to the government.

Justice Minallah echoed similar concerns, stating that the 27th Amendment had effectively abolished the Constitution he had sworn to protect. In a deeply emotional resignation letter, he criticized the new legal framework, asserting that it laid new foundations “on the grave of the Constitution.” Justice Minallah, who had served for over a decade, lamented that his efforts to uphold the original Constitution had been thwarted. He expressed his hope that future generations would not view judicial robes as symbols of expediency but as a mark of honesty.

The resignations of these judges highlight the deep divisions within Pakistan’s judiciary following the passage of the 27th Constitutional Amendment. As the judicial crisis deepens, the future of judicial independence and the country’s constitutional integrity remains uncertain. These developments underscore growing concerns over the balance of power between the executive and judiciary in Pakistan.

READ MORE : 27th Amendment Faces Legal Challenge in Lahore High Court

Azhar Siddique, a prominent advocate, has filed a petition challenging the recently promulgated 27th Constitutional Amendment. The petition claims the amendment clashes with the fundamental structure of Pakistan’s constitution. Siddique argues that the amendment undermines the Supreme Court’s authority and weakens judicial independence.

According to the petition, the amendment grants supremacy to the Federal Constitutional Court, which threatens the power of the Supreme Court. Siddique warned that this could negatively impact judicial freedom in Pakistan. The petitioner emphasized that the amendment violates core constitutional principles, including Islamic clauses and judicial sovereignty.