Lawyers and politicians alike lamented the resignations of two Supreme Court judges, Justices Mansoor Ali Shah and Athar Minallah, in the wake of the 27th Constitutional Amendment’s passage as a “dark day” for the country’s judicial history.

Both judges had called on Chief Justice of Pakistan Yahya Afridi in separate letters to summon a full court meeting and judicial conference to hold a debate on the 27th Constitutional Amendment.

In his resignation letter today, Justice Shah said that “staying on would not only amount to silent acquiescence in a constitutional wrong, but would also mean continuing to sit in a court whose constitutional voice has been muted,” while Justice Minallah regretted that the Constitution he swore to uphold was “no more”.

Here is what the lawyers and politicians had to say on the departure of the two judges.

‘Darkest day’

Lawyer Mirza Moiz Baig said today marked the “darkest day” in our judicial history.

“Not only has the Supreme Court lost two of its greatest jurists, but the passage of the amendment marks the judiciary’s complete destruction,” he said while speaking to Dawn.

“Unfortunately, the dismantling of the judiciary has, as has been the case throughout our history, been spearheaded by those entrusted to protect it.”

Similarly, Barrister Rida Hosain said, “Today marks an incredibly dark day for Pakistan. Independent judges have resigned as the Supreme Court’s constitutional jurisdiction has been abolished, and the executive has captured the courts”.

Referring to the reserved seats case, she said Justice Shah had found that the Election Commission of Pakistan (ECP) had failed to fulfil its constitutional role.

“In granting PTI its rightful share of reserved seats, Justice Shah’s decision will be remembered for seeking to ensure the legislature represents the people’s voice. Justice Shah has authored various notable judgments, including in the Atif Zareef case, where he held that a woman’s ‘sexual history’ or alleged ‘immoral character’ cannot be considered determinative in a case of rape. He has repeatedly reinforced, through his judgments, the importance of using gender-sensitive language.”

She said the resignations were a “huge loss” for Pakistan’s justice system and “another tragic chapter” in its constitutional history.

‘Heartbreaking culmination of a process of capture’

Lawyer Abdul Moiz Jaferii termed the resignations a “heartbreaking culmination of a process of capture” that began in earnest with former chief justice Qazi Faez Isa.

“Thereafter, our executive has adopted the Trojan horse tactic with our judiciary; to clearly great effect,” he said.

“I cannot improve upon the words of Justice Shah when he says we have abandoned constitutional wisdom for political expediency. Or of Justice Minallah when he says, ‘The Constitution I swore to uphold and defend is no more … I can think of no greater assault on its memory than to pretend that, as the new foundations are now laid, they rest upon anything other than its grave.’”

Jaferii added that an “illegitimate government” had “bargained with ruin” to sustain itself.

“It has sold its soul to remain in power, which it did not deserve for a single day. It has been abetted in this bargain by two chief justices and a third pretender of constitutional wisdom,” he said.

Jaferii said the Parliament failed the people it “pretends to have been elected by”, adding that “it has done so knowingly, and no amount of pretence by our political leaders can mask this as anything other than a shameless and desperate act of self-preservation.”

He said the will of the people was “mutilated today by individuals the people never elected”.

“We are being commanded by the cloaked, ruled by fear. We must not part without thanking Justice Qazi Faez Isa, who started this, nor without thanking Justice Yahya Afridi for helping finish it.”

‘Principled stand’

Meanwhile, lawyer Ayman Zafar said the resignations reflected a principled stand against “what can only be described as an erosion of judicial independence under the guise of constitutional reform”.

She said the country had witnessed “many dark days” in the legal arena in recent years, with each carrying its own dilemma.

“The 27th Amendment effectively reduces the Supreme Court of Pakistan to a mere appellate forum, stripping it of its constitutional role as the guardian and interpreter of the Constitution. It is no longer the Supreme Court of Pakistan, but simply the Supreme Court — symbolically and substantively diminishing the stature it has retained since its inception,” she said while speaking to Dawn.

Zafar added that the amendment detached the institution from its status as a coequal branch of the state, “subordinating it to the political will of the legislature and executive”.

The judges’ decision to resign, in her opinion, was not an act of defiance, “but a courageous and necessary stand for principle, a virtue increasingly rare in our times, and above all, for a judiciary that must remain independent, not ornamental”.

She concluded that “if this is the reform we are promised, then perhaps what truly needs reforming is our understanding of the Constitution itself”.

Praise for resigned judges

Others praised the resigned judges for their guidance and tutelage over the years.

“Two judges who genuinely believed in developing constitutional jurisprudence. We learned so much from their judgments,” said lawyer Hassan Abdullah Niazi, terming the resignations as yet “another tragedy in Pakistan’s sordid constitutional history”.

Barrister Ahsan Pirzada thanked the two for their service and for “standing on the right side of history”.

Politicians laud ‘courage’ while lamenting resignations

Politicians were observed widely lauding the courage of the two judges while also expressing regret at their departure from the judiciary.

“Decision to resign is courageous and heartening. In such an era where deals of consciences are commonplace, where yokes of slavery are worn with pride instead of freedom, the act of these honourable judges to reject positions and privileges for the sake of the Constitution and principles is a breath of fresh air,” said Tehreek-i-Tahafuz-i-Ayeen-i-Pakistan leader Mustafa Nawaz Khokhar.

Former human rights minister Shireen Mazari called it a “complete unravelling” of the independence of the judiciary.

Former planning minister Asad Umar said resigning from high positions based on principle was not something everyone could do and required a “big heart”.

Former information minister Fawad Chaudhry thanked the two judges. “By resigning, you at least gave a public funeral to justice—otherwise, even the shroud and burial would have been kept secret.”