Islamabad : Pakistan seems heading for another judicial.crisis as two judges of the apex court of Pakistan on Thursday opted to resign against the government move to form a constitutional court in the controversial 27th amendment in the constitution.
Justice Syed Mansoor Ali Shah , who was the senior most judge after chief justice of Pakistan, resigned to record his disappointment over what he dubbed as top court’s disintegration through setting up a constitutional court under 27th amendment to dispose- off constitutional issues in the future . Following Justice Syed Mansoor Ali Shah , Athar Minallah also resigned as judge of Pakistan ‘s top court.
Both judges cited amendments made under 27th constitutional amendment early this week.
Both outgoing judges counted a number of reasons in their multi pages letters to resign from their office.
Both Syed Mansoor Ali Shah and Athar Minallah dispatched their resignations to president of Pakistan.
Nothing has been said by the presidency on both resignations of judges of the Supreme Court of Pakistan.
Justice Mansoor Ali Shah who had history of opposing the chief justifies during his tenure as judge noted in his resignations that after 27th amendment in the constitutional its not possible for him to discharge his professional duty as a judge hence he prefers to resign over keep on performing his duty. He said constitutional court has been formed under political will but it undermines independence of the judiciary . Justice Athar Minallah in his resignation said black gown was a source of pride for him , but its not the case after 27 th constitutional amendment.
Although , the government did not made any offifial comment on resignations of two judges of SCP in protest against setting up of a constitutional court , but many political hawks like Rana Sana ullah , Khawaja Asif , Faisal Vawda , Barrister Aqeel came hard on outgoing judges in various TV talk shows late in the evening on Thursday. Rana Sana ullah in his reaction to the resignations of these two judges said ” They (Mansoor Shah and Athar Minallah ) did not deserve to hold the office of the judge of top court of Pakistan. Khawaja Asif had made even harsher comments on the controversy. While giving comments on the letter written by some judges to CJP other day on 27th amendment in the constitution said ” These judges should reconsider their performance as a judge before pinning down such letters ” .
Faisal Vawda , who is considered close to the establishment , in his remarks on the subject said the resignations of these judges confirmed who was facilitator of whom. Mr Vawda between the line explained that the outgoing judges were facilitators of a particular political party.
Within hours after resignations of Syed Mansoor Ali Shah and Athar Minallah , senior lawyer and former president of Supreme Court Bar , Makhdoon Ali Khan , also resigned as a member of Law and Justice Commission.
Makhdoon Ali Khan’s resignation in protest against 27th constitutional amendment indicates Pakistan’s already ongoing political crisis may deepen and may take turn for the worst in coming days. Pakistan had seen a severe judicial crisis in Musharraf’s era when deceased military dictator tried to rein in Pakistan ‘s judiciary in 2007. As a result of then judicial crisis , Pervez Musharraf had lost his rule..
