In letter to CJP, Justice Minallah urges to convene judicial conference on 27th Amendment

Islamabad (Web Desk): Supreme Court Justice Athar Minallah has voiced serious concerns over the proposed 27th Constitutional Amendment, calling it a defining “moment of reckoning” for the judiciary and urging the convening of a judicial conference to discuss the matter.

In a seven-page letter dated October 8, 2025, addressed to Chief Justice of Pakistan (CJP) Yahya Afridi and circulated to all Supreme Court judges, Justice Minallah highlighted what he described as the “continued capture” of the judiciary.

Justice Minallah expressed opposition to the amendment, raising alarm over preparations to establish a new Constitutional Court within the Federal Shariat Court building, reportedly being made even before parliamentary approval.

He framed his intervention as a “solemn duty to the Constitution,” warning that critical decisions shaping the nation’s judicial destiny were taking place “behind the marble walls of the last resort of justice.”

Justice Minallah criticized the Supreme Court for siding with forces that, in his view, undermined the independence of a constitutional court trusted by the people, noting that records of two full court meetings had been withheld from public scrutiny.

He cautioned that institutions could be dismantled quickly through fear, submission, or surrender to power, and reflected on past events including the removal of Prime Minister Zulfikar Ali Bhutto, labeling it one of the most egregious betrayals of judicial duty and public trust.

The judge linked the persecution of Benazir Bhutto, disqualification of Nawaz Sharif, and the targeting of Imran Khan to a broader pattern of suppressing the popular mandate when it challenged entrenched elite interests. He pointed to external interference in judicial matters as an established reality, warning that accountability mechanisms were frequently weaponized against judges who resisted compromising their constitutional oath.

Justice Minallah noted that the courageous actions of six Islamabad High Court judges, later supported by judges from other high courts, offered an opportunity to correct historical wrongs.

He emphasized the need for a judicial conference to foster candid discussion among Supreme Court and high court judges about threats to judicial independence and their constitutional duty to protect citizens’ fundamental rights.

The letter followed similar appeals from Justice Mansoor Ali Shah, who, along with several lawyers and former judges, asked CJP Afridi to uphold judicial autonomy. In a six-page note, Justice Shah described the proposed amendment as a political instrument designed to weaken the judiciary.

He urged a full court session or joint convention of all constitutional court judges, including the Federal Shariat Court and high courts, to articulate a unified stance.

Justice Shah also questioned the purpose of the proposed Federal Constitutional Court, arguing that its creation without constitutional safeguards would concentrate power in the executive and compromise the judiciary’s integrity.

Meanwhile, a group of former judges and senior lawyers, led by senior counsel Faisal Siddiqi and endorsed by retired Supreme Court Justice Mushir Alam, retired Sindh High Court judge Justice Nadeem Akhtar, and nine other prominent lawyers, also requested CJP Afridi to call a full court meeting to deliberate on the amendment.

These coordinated appeals reflect rising concerns within Pakistan’s legal community over the potential erosion of judicial independence and the far-reaching consequences of the 27th Constitutional Amendment.