Justice Shams Mehmood Mirza on Saturday tendered his resignation as a judge of the Lahore High Court (LHC), becoming the first judge to resign from any high court after the controversial 27th Constitutional Amendment became law.
According to family sources, his resignation letter stated that, in light of the latest amendment to the Constitution, he could not continue with a clear conscience.
Justice Mirza was appointed additional judge of the LHC in 2014 and his retirement was due on March 6, 2028.
His resignation comes just two days after the passage of the controversial 27th Amendment, which has been attacked as a “flagrant attack” on judicial independence by the International Commission of Jurists (ICJ).
The move also follows the resignations of Supreme Court Chief Justice Justice Mansoor Ali Shah and Justice Athar Minallah, who wrote strongly worded resignation letters decrying the 27th Amendment.
Amid speculation over possible transfers of High Court judges, Justices Mohsin Akhtar Kayani and Saman Rafat Imtiaz of the Islamabad High Court (IHC) have hinted that they may not be available to hear cases in the federal capital from next month.
The 27th Amendment, in addition to introducing changes in other areas, alters the functioning of the judiciary in two areas: constitutional issues and the transfer of judges.
The legislation empowers the Judicial Commission of Pakistan to transfer high court judges without their consent, a provision that has raised concerns in sections of the judiciary.
The most notable decision made by the ruling coalition is the formation of the Federal Constitutional Court (FCC), which experts say has dethroned the Supreme Court as the country’s highest judicial forum.
The reason for those concerns is that the FCC will now deal with crucial constitutional issues and its decisions would be binding on all courts, including the SC itself.
More to follow
