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 over the adoption of the 27th constitutional amendment.
According to reports, Justice Mirza has sent his resignation to the President of Pakistan and vacated his seat in the High Court.
His departure marks the first resignation by a high-level magistrate believed to be linked to the controversial constitutional amendment, which has sparked debate in legal and political circles.
Justice Mirza’s resignation comes amid expectations that he may have been transferred under the new amendment, a possibility that has caused considerable concern within the legal community.
Justice Mirza was a member of the administrative committee of the LHC, a role which placed him among the key decision-makers of the High Court.
Read: President accepts resignations of Justices Mansoor Ali Shah and Athar Minallah after 27th Amendment row
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 departure particularly notable.
Justice Shams Mahmood Mirza hails 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 reference was filed against Justice Mirza in the Supreme Judicial Council (SJC).
His resignation is seen as a reflection of growing unease within sections of the judiciary over the impact of the 27th constitutional amendment, particularly in relation to judicial independence and potential 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 matters, thereby subordinating the Supreme Court to it. Critics argue the amendment undermines judicial independence and shifts the balance of power toward the executive.
Senior judges of the Supreme Court, Justices Mansoor Ali Shah and Athar Minallah, also tendered their resignations following the amendment. Justice Shah described it as a “grave attack” on the Constitution that dismantles the Supreme Court and subjects the judiciary to executive control.
He said he could no longer uphold his oath before a court “deprived of its constitutional role,” calling the resignation “the only honest and effective expression” of his principles.
