According to reports, Musarrat Hilali’s medical condition prevents her from taking on the responsibilities of the court, and her name is no longer being considered for appointment. She had previously faced heart-related complications last year, requiring hospitalization at the Peshawar Institute of Cardiology (PIC), though her condition later stabilized.
Justice Musarrat Hilali was also unable to sit on her bench recently after experiencing a health issue, and doctors advised her to take rest, according to sources. Her decision to step back marks a notable development in the formation of Pakistan’s new Federal Constitutional Court.
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. Other judges under consideration include Justice Aamer Farooq, Justice Ali Baqar Najafi, Justice K.K. Agha, Justice Rozi Khan, Justice Hassan Rizvi, and Justice Shakil Ahmed.
Meanwhile, two senior Supreme Court judges, Justice Mansoor Ali Shah and Justice Athar Minallah, have resigned from their posts, submitting their resignations to President Arif Alvi. Justice Mansoor Ali Shah criticized the 27th Amendment, calling it a severe attack on the Constitution and noting that it undermines judicial independence.
He added that the amendment has weakened the judiciary, leaving vulnerable citizens without protection and dividing the top court of the country. He said he could not uphold his oath in a system where the constitutional role of the judiciary has been compromised.
Justice Musarrat Hilali’s withdrawal due to health issues is a significant development in the ongoing restructuring of Pakistan’s judiciary. Her absence from the Federal Constitutional Court will require the appointment of another senior judge to fill the critical position.
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