Justice Mirza was due to retire in 2028, making his early departure particularly notable
In a significant development for the country’s judicial landscape, Lahore High Court Judge Shams Mehmood Mirza has tendered his resignation, apparently in protest following the passage of the 27th Constitutional Amendment.
Justice Mirza reportedly sent his resignation to the President of Pakistan and left his courtroom at the High Court.
His departure marks the first high-profile judicial resignation reportedly linked to the controversial constitutional amendment, which has sparked debate in legal and political circles.
Justice Mirza’s resignation comes amid expectations that he could have been transferred under the new amendment, a possibility that had generated considerable concern within the judiciary.
Justice Mirza was a member of the administrative committee of the LHC, a role that placed him among the key decision-makers within the High Court.
Read: President accepts resignations of Justices Mansoor Ali Shah and Athar Minallah after 27th Amendment row
He was appointed additional judge of the Lahore High Court on March 22, 2014 and later confirmed as a permanent judge.
Justice Mirza was due to retire in 2028, making his early departure particularly notable.
Justice Shams Mahmood Mirza comes from a distinguished judicial family. He is the son of former Supreme Court judge Zia Mahmood Mirza, a respected figure in Pakistan’s judiciary.
Earlier this year, in January, a complaint was filed against Justice Mirza in the Supreme Judicial Council (SJC).
His resignation is seen as a reflection of growing disquiet within sectors of the judiciary regarding the impact of the 27th Constitutional Amendment, particularly with regard to judicial independence and possible transfers of judges.
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The 27th Constitutional Amendment, signed into law by President Asif Ali Zardari, establishes a Federal Constitutional Court (FCC) with authority over constitutional issues, effectively subordinating the Supreme Court to it. Critics argue that the amendment undermines judicial independence and shifts the balance of power toward the executive.
Senior Supreme Court judges Mansoor Ali Shah and Athar Minallah also tendered their resignations following the amendment. Justice Shah described it as a “serious assault” on the Constitution that dismantles the Supreme Court and subjugates the judiciary to executive control.
He said he could no longer maintain his oath before a court “deprived of its constitutional function” and called the resignation the “only honest and effective expression” of his principles.
