What did Justices Mansoor and Athar Minallah write to the Chief Justice two days before resignation?
Islamabad:In a dramatic development, Justice Mansoor Ali Shah and Justice Athar Minallah have resigned from the Supreme Court of Pakistan following the government’s approval of the 27th Constitutional Amendment Bill.
Justice Mansoor Ali Shah, in a letter to the Chief Justice written two days before his resignation, raised concerns about the 27th Constitutional Amendment being discussed in Parliament. He requested the Chief Justice, as the head of the judiciary, to immediately contact the executive and make it clear that no constitutional amendment could be made without consultation with the judges of the constitutional courts.
He further wrote that a convention consisting of judges of constitutional courts could also be convened. Justice Mansoor wrote, You are not only the administrator of this institution but also its guardian.”
In his letter, he stated, “This moment demands leadership from you, as this amendment has been proposed without consultation with the higher judiciary.”
Justice Mansoor added, “In all democratic systems, the judiciary is always consulted when legislation concerning the judiciary is being framed.”
The letter further asked, “Can a new constitutional amendment be introduced while the previous constitutional amendment is still under judicial challenge?”
He wrote that as long as questions regarding the 26th Constitutional Amendment remain unresolved, it would not be appropriate to introduce a new amendment.
According to Justice Mansoor Ali Shah, “The argument for establishing a Federal Constitutional Court is being presented under the pretext of clearing the backlog of pending cases, which is misleading.”
What stance did Justice Athar Minallah express in his letter?
Justice Athar Minallah, in his letter to Chief Justice Yahya Afridi, requested that a conference be convened to deliberate on the threats facing the judiciary. He also expressed regret that the Supreme Court had at times been used by the “unelected elite” as a tool to suppress the voice of the people.
This development came on Tuesday, when the government was moving ahead with steps to approve the 27th Constitutional Amendment Bill.
In his seven-page letter, Justice Athar Minallah wrote, “I am writing this letter out of respect for the Constitution and as a solemn duty, so that it remains on record for future generations how their fate was being decided behind the marble walls of the Supreme Court.”
He added that the letter was being written in light of recent events that have severely damaged the public’s trust in the judiciary.