Justice Aminuddin Khan appointed first chief justice of Federal Constitutional Court

ISLAMABAD: Supreme Court Judge Justice Aminuddin Khan was appointed as the first chief justice of the newly formed Federal Constitutional Court.

President Asif Ali Zardari approved the name for the new role. It is worth mentioning that Justice Aminuddin Khan was due to retire on November 30.

The Federal Constitutional Court has been established after the Parliament approved the 27th Constitutional Amendment Bill.

The 27th Constitutional Amendment Bill was earlier passed by both houses of Parliament. Later, President Asif Ali Zardari signed the 27th Constitutional Amendment Bill after approved by both houses of Parliament.

Under the 27th Constitutional Amendment, the chief justice will appoint the chief justice of the Federal Constitutional Court while president will appoint judges on the advice of the prime minister.

Meanwhile, Chief Justice of Pakistan Yahya Afridi has convened a full court meeting to deliberate on the 27th Constitutional Amendment passed earlier by both houses of Parliament

According to sources, Chief Justice Yahya Afridi has called the meeting on Friday.

The full court is likely discuss matters related to the 27th Constitutional Amendment.

Earlier, senior puisne judge Justice Mansoor Ali Shah and Justice Athar Minallah have resigned as Supreme Court judges.

Both the judges have sent their resignations to the President of Pakistan, sources said.

The development comes after both houses of Parliament passed the contentious 27th Constitutional Amendment, which was subsequently signed by President Asif Ali Zardari.

Justice Mansoor Ali Shah submitted his resignation in both English and Urdu, describing the 27th Constitutional Amendment as a severe blow to democracy. He said the judiciary had been divided, setting the country back by decades.

Justice Mansoor Ali Shah said that the 27th Constitutional Amendment has fractured the Supreme Court of Pakistan. He said the 27th Amendment has placed the judiciary under the control of the government.

He added that the amendment delivers a severe blow to the spirit of Pakistan’s constitutional democracy.

In his resignation letter, Justice Athar Minallah said that when he took the oath of office 11 years ago, he swore to uphold not “a constitution” but “the Constitution.”

Justice Minallah wrote that prior to the passage of the 27th Constitutional Amendment, he had written to the Chief Justice of Pakistan, raising concerns about what the proposed changes meant for the country’s constitutional order.

“I need not reproduce the detailed contents of that letter, but suffice it to say that, against a backdrop of selective silence and inaction, those fears have now come true,” he added.

The judge lamented that the Constitution he had vowed to protect was “no more,” warning that the new foundations laid under the amendment rested upon its “grave.”

Ahsan Wahid