As per Aaj News, the judge formally sent his resignation to President Asif Ali Zardari.
Justice Mirza was appointed as an additional judge of the LHC in March 2014, and his superannuation was due on March 6, 2028.
Justice Mirza is the first judge from any high court to resign after the approval of 27th Constitutional Amendment. On November 13, two senior judges of the Supreme Court of Pakistan, Justice Mansoor Ali Shah and Justice Athar Minallah, resigned from their posts, citing serious concerns over the amendment, which they described as an attack on the independence of the judiciary.Their resignations were later approved by the president.
The highly contentious law grants constitutional protection to the top positions of the Armed Forces and the President, establishes the Federal Constitutional Court, permits the transfer of high court judges and introduces several other key amendments and substitutions to the Constitution.
The government made four changes while scrapping an equal number of provisions. Among the key amendments, the term “Federal Constitutional Court” was added to Clause 2-A of Article 6 related to high treason.
An act of high treason shall not be validated by any court, including the Supreme Court, High Court, and Federal Constitutional Court, reads the amended clause.
Article 176 was also revised—ensuring that the current Chief Justice Yahya Afridi will retain his position until the end of his term.
Apart from that, in accordance with the 27th Constitutional Amendment, the Prime Minister, on the recommendation of the Chief of Defence Forces, will appoint a commander of the National Strategic Command from within the Pakistan Army. Under the amendment, any officer awarded the rank of field marshal, marshal of the air force, or admiral of the fleet will remain in uniform for life. Their ranks and privileges will also continue permanently.
The bill provides that the aforementioned three top Armed Forces officials, being the “national heroes,” cannot be removed from their official positions by the government. They can only be removed through impeachment by the Parliament in the light of this bill.
Furthermore, according to the constitutional amendment bill, the holders of these ranks will enjoy judicial immunity for life, similar to that of the President. Upon completion of their command tenure, the federal government may assign them any role or responsibility in the national interest.
The Federal Constitutional Court will be established in the country, and the authority to transfer high court judges will be given to the Judicial Commission of Pakistan.The constitutional amendment further provides that if a high court judge refuses to accept a transfer, they will be considered retired.
A judge of the Federal Constitutional Court will remain in office until the age of 68. The Chief Justice of the Federal Constitutional Court will retire upon completing their three-year term.
The amendment further provides that neither the Constitutional Court nor the Supreme Court will have the authority to transfer any appeal or case from a high court to itself or to any other high court. The decisions of the Federal Constitutional Court will be binding on all courts in Pakistan, including the Supreme Court. All courts, except the Constitutional Court, will be bound by the decisions of the Supreme Court.
The initial judges of the Federal Constitutional Court will be appointed by the President, on the advice of the Prime Minister, and in consultation with the Chief Justice of the Federal Constitutional Court.Under the constitutional amendment, Article 184 on suo motu notices has been removed.
The new law provides that no criminal proceedings can be initiated against the President for life, and no criminal proceedings can be initiated against a governor during their term. No court will be able to take action to arrest or imprison the President or a governor in accordance with this bill.