TWO upstanding justices of the Supreme Court have chosen to exit honourably rather than remain part of a “mute” entity.

This was not unexpected, given how extensively the regime has managed to abase the judiciary. How can principled individuals who have dedicated a lifetime to their profession be expected to continue as part of an institution whose credibility is now in question? Perhaps the judges realised that it was futile to expect different results in the prevailing environment.

Just a few years ago, one would have expected an uproar over what the International Commission of Jurists has decried as “a flagrant attack on the independence of the judiciary and the rule of law”. Today, such ideals do not seem to matter, not even to those expected to uphold them. Sadly, many believe the nation’s social, moral and political conscience is on the decline.

Senior justices Syed Mansoor Ali Shah and Athar Minallah gracefully resigned once it became clear that the deeply contentious 27th Amendment would now be considered law. Critics say the amendment, which has reconfigured the country’s justice system to place a new Federal Constitutional Court above all other forums of justice, has reduced the Supreme Court to no more than a glorified district court. Given the extensive powers handed over to the FCC, that assessment is not off the mark.

Rather than be rendered second-class judges, they may have thought it fit to depart with their prestige intact. It would also have been clear to the judges, given the precedent set with the Constitutional Bench, that the regime would not be interested in picking independent-minded judges for the new court.

Some have criticised their decision, asking why they did not exit at the time of the 26th Amendment, which set the foundations for the 27th. The judges may answer that eventually, but one cannot fault them for not having tried to effect change from within their institution. Over time, it has become clear that no rule applies in the present set-up. Without rules, no change can ever be possible.

The 27th Amendment was designed to be the end of the line for such judges. This brings us to the civilian role in this coup. This is not the first instance when the powers that be have sought to subjugate the judiciary, but it is the first time a civilian dispensation has so extensively facilitated the effort.

The lack of courage and commitment shown to democratic ideals from those who, till yesterday, would not tire of speaking about the supremacy of the will of the people has only highlighted the hypocrisies of our political system. This lack of conviction in the idea of a fair system of governance will have grave consequences. That much is inevitable.

Published in Dawn, November 15th, 2025