In a dramatic development that has shaken Pakistan's legal fraternity, Lahore High Court Judge Justice Shujaat Ali Khan has tendered his resignation in protest against a controversial constitutional amendment that significantly curtails the powers of the country's judiciary.
The resignation, submitted on March 28, 2024, represents a powerful statement against what many legal experts are calling an assault on judicial independence in Pakistan. Justice Khan's decision to step down from his prestigious position highlights the growing tensions between the judiciary and the government over constitutional matters.
The Constitutional Amendment That Sparked Controversy
The root cause of this judicial protest lies in the recently passed constitutional amendment bill that fundamentally alters the relationship between the judiciary and other state institutions. According to sources familiar with the matter, the amendment specifically targets the Supreme Court's authority to take suo motu notice of critical matters.
Suo motu powers have long been a cornerstone of judicial activism in Pakistan, allowing courts to initiate proceedings on their own accord when they identify matters of public importance requiring immediate attention. The amendment now mandates that such actions can only be taken by a bench comprising all available judges of the Supreme Court, effectively making the process more cumbersome and potentially diluting its impact.
Furthermore, the legislation establishes a three-member appeal panel headed by the Chief Justice of Pakistan, which will have the authority to review and potentially overturn suo motu decisions. This introduces an unprecedented layer of oversight on the judiciary's independent functioning.
A Judge's Principled Stand
Justice Shujaat Ali Khan, who had been serving at the Lahore High Court's Multan Bench, made his resignation effective immediately upon submitting his letter to the President of Pakistan. In his resignation, he explicitly cited his inability to continue serving under what he perceives as a compromised constitutional framework.
The judge's decision underscores the deep concerns within Pakistan's legal community about the erosion of judicial independence. His protest resignation follows a similar move by Supreme Court Senior Puisne Judge Justice Syed Mansoor Ali Shah, who also stepped down from his position in the Supreme Court, though he continues to serve as a judge.
Legal experts note that such public demonstrations of dissent from sitting judges are exceptionally rare in Pakistan's judicial history, indicating the severity of the constitutional crisis brewing in the country.
Broader Implications for Pakistan's Democracy
The resignations have triggered widespread debate about the future of judicial independence in Pakistan and the delicate balance of power among state institutions. Many legal professionals and civil society organizations have expressed support for the judges' principled stand, while government supporters argue the amendments are necessary for checks and balances.
The controversy comes at a sensitive time for Pakistan's political landscape, with ongoing tensions between the judiciary and executive branches. The amendments are seen by critics as part of a broader pattern of attempts to weaken judicial oversight of government actions.
International human rights organizations and legal watchdogs are closely monitoring the situation, concerned about the potential impact on fundamental rights and democratic norms in Pakistan. The development raises important questions about whether other judges might follow suit and how the judicial community will respond to what many perceive as an unprecedented challenge to their authority.
As Pakistan grapples with this constitutional crisis, the resignation of Justice Shujaat Ali Khan stands as a powerful symbol of resistance against what he and his supporters view as the undermining of judicial independence—a cornerstone of any functioning democracy.
