PTBP Web Desk
Chief Justice of Pakistan Yahya Afridi has summoned a Full Court meeting today (Friday) to deliberate on the highly contentious 27th Constitutional Amendment, sources confirmed. The decision comes after three senior judges wrote individual letters urging the Chief Justice to convene an institutional dialogue on what many are calling one of the most consequential constitutional developments in recent years.
According to sources, the meeting will take place before Friday prayers, and all Supreme Court judges have already been notified. With the amendment now officially part of the Constitution—after receiving signatures from President Asif Ali Zardari and approval from both Houses of Parliament—the judiciary has moved swiftly to articulate its institutional stance.
Three prominent judges—Justice Syed Mansoor Ali Shah, Justice Athar Minallah, and Justice Salahuddin Panhwar—wrote detailed letters to the Chief Justice, expressing concerns over the amendment’s potential impact on judicial independence and the constitutional architecture.
Justice Salahuddin Panhwar’s Letter
Justice Panhwar wrote a sharply worded letter criticizing the amendment for allegedly undermining the jurisdiction of the judiciary. He cautioned:
“There comes a time when silence is not caution but abdication. I believe such a time may now be upon us.”
He warned that the 27th Constitutional Amendment appears to affect the very “foundations of the judiciary” and risks bringing the executive and legislature into areas traditionally protected by the principle of judicial independence. According to him, these changes could tilt the balance of power in ways that violate constitutional norms.
Justice Panhwar further emphasized that judicial independence is not a privilege but a precondition for the existence of liberty, stating:
“If the judiciary is not free from fear, influence, or control, then the rule of law becomes but a phrase—hollow and without breath.”
In a comprehensive six-page letter, Justice Syed Mansoor Ali Shah urged Chief Justice Yahya Afridi to fulfill his duty as the “Head of the Judiciary.” He stressed that any amendment affecting the courts must involve the judiciary’s “considered, collegial, and recorded response.”
Justice Mansoor asked critical questions:
- Were judges of the Supreme Court, High Courts, and Federal Shariat Court consulted on the 27th Amendment?
- Was there any institutional deliberation before Parliament passed it?
He argued that if the judiciary was not consulted, then the constitutional process lacked legitimacy.
He also pointed out that unresolved constitutional questions from the earlier 26th Amendment still linger. Therefore, any further changes without settling prior concerns could “camouflage unresolved constitutional infirmities” and weaken public confidence.
Justice Athar Minallah, in his seven-page letter, pressed the Chief Justice to hold a judicial conference with judges from both the Supreme Court and High Courts. His central concern was the threat to judicial independence.
He reflected on Pakistan’s judicial history, stating that the superior judiciary has often failed to protect democratic norms:
“The Supreme Court, whether by design or omission, has too often been used as an instrument to suppress the will of the people rather than safeguard it.”
He recalled that the court had validated unconstitutional steps in the past, including the dissolution of primary democratic bodies such as the Constituent Assembly. He warned that any further erosion in the court’s role could permanently damage public trust.
The concerns are not limited to sitting judges. A group of prominent former judges, lawyers, and legal experts have also raised serious reservations.
Among them are:
- Former Chief Justice Jawad S. Khawaja
- Former Justice Mushir Alam
- Former Supreme Court justice Nadeem Akhtar
- Former Attorneys General Munir A. Malik and Anwar Mansoor Khan
- Former SCBA Presidents Akram Sheikh, Ali Ahmed Kurd, Amanullah Kanrani, and Abid Zuberi
- Senior lawyers including Khawaja Ahmed Hosain, Salahuddin Ahmed, and Shabnam Nawaz Awan
They collectively urged Chief Justice Yahya Afridi to call a Full Court meeting to articulate the judiciary’s unified position and evaluate the implications of the amendment.
Additionally, a group of lawyers—Asad Rahim Khan, Zeeshaan Hashmi, and others—has filed a petition in the Supreme Court challenging the 27th Amendment, marking the beginning of what could become a major constitutional confrontation.
The 27th Constitutional Amendment has quickly become one of the most debated constitutional issues in Pakistan. Critics argue that it has the potential to reshape the balance of power among state institutions, particularly shifting the boundaries between the judiciary, executive, and legislature.
Supporters of judicial independence warn that such shifts could compromise the separation of powers, and ultimately weaken the rule of law. As the Supreme Court prepares for its Full Court meeting, all eyes are on how the judiciary will respond.
