Justice Mirza was due to retire in 2028, making his early exit particularly notable
In a significant development for the country’s judicial landscape, Lahore High Court Judge Shams Mehmood Mirza has tendered his resignation, reportedly in protest following the passage of the 27th constitutional amendment.
According to reports, Justice Mirza has sent his resignation to the President of Pakistan and has left his chambers at the High Court.
His departure marks the first high-profile judicial resignation allegedly linked to the controversial constitutional amendment, which has sparked debate across legal and political circles.
Justice Mirza’s resignation comes amid expectations that he may have been transferred under the new amendment, a possibility that had caused considerable concern in judicial circles.
Justice Mirza was a member of the Administrative Committee of the LHC, a role that placed him among the most important decision-makers in the High Court.
Read: President accepts resignation of judges Mansoor Ali Shah, Athar Minallah after 27th row of amendments
He was appointed as an additional judge of the Lahore High Court on 22 March 2014 and later confirmed as a permanent judge.
Justice Mirza was due to retire in 2028, making his early exit particularly notable.
Justice Shams Mahmood Mirza comes from a distinguished judicial family. He is the son of former Supreme Court Justice Zia Mahmood Mirza, a respected figure in Pakistan’s judiciary.
Earlier this year, in January, a case was filed against Justice Mirza in the Supreme Judicial Council (SJC).
His resignation is seen as a reflection of growing unease in parts of the judiciary regarding the impact of the 27th Amendment to the Constitution – particularly regarding the independence of the judiciary and potential transfers of judges.
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The 27th Constitutional Amendment, signed by President Asif Ali Zardari, establishes a Federal Constitutional Court (FCC) with jurisdiction over constitutional matters, effectively making the Supreme Court subordinate to it. Critics argue that the amendment undermines the independence of the judiciary and shifts the balance of power towards the executive branch.
Senior Supreme Court judges Justices Mansoor Ali Shah and Athar Minallah also tendered their resignations following the change. Justice Shah described it as a “serious attack” on the Constitution, dismantling the Supreme Court and subjecting the courts to executive control.
He said he could no longer uphold his oath in a court “deprived of its constitutional role” and called resignation the “only honest and effective expression” of his principles.
