Justice Musarrat Hilali declines appointment as Constitutional Court judge

ISLAMABAD: Supreme Court Judge Justice Musarrat Hilali has declined to assume the position of judge at the newly established Federal Constitutional Court due to health issues, ARY News reported on Friday, citing sources.

Sources say that because of her current medical condition, her name is no longer under consideration for appointment to the court.

A day earlier, Justice Hilali’s bench was unexpectedly delisted after she experienced a health issue, and doctors advised her to rest, sources said.

She had also suffered heart-related complications last year, for which she was admitted to the Peshawar Institute of Cardiology (PIC), although her condition later stabilised.

The Federal Constitutional Court will consist of 13 judges, including the Chief Justice. Justice Amin Uddin Khan was sworn in on Friday as the first Chief Justice of the Federal Constitutional Court of Pakistan.

The names of Justice Aamer Farooq and Justice Ali Baqar Najafi remain under consideration for appointment to the court. Justice K.K. Agha and Justice Rozi Khan are also being evaluated, while Justice Hassan Rizvi and Justice Shakil Ahmed are likewise under consideration for positions on the bench.

On the other hand, the two senior judges of the Supreme Court of Pakistan (SC), Justice Mansoor Ali Shah and Athar Minallah, have resigned from their posts.

Justice Mansoor Ali Shah and Athar Minallah have sent their resignation to President Asif Zardari.

Justice Mansoor Ali Shah resignation comprises seven pages, has declared the 27th Amendment a severe attack on the Constitution of Pakistan.

The senior judge said that justice has moved away from the common man, and the vulnerable have become helpless in front of the powerful due to the 27th Amendment.

He said that this amendment has divided the top court of the country, and the nation has been pushed back several decades after destroying the independence of the judiciary.

He added that he cannot uphold his oath in such a court whose constitutional role has been usurped.