A senior Pakistani judge resigned on Wednesday, citing concerns about the increasing influence of the executive branch over the judiciary and recent constitutional amendments that he said have undermined the independence of the country’s courts. Justice Mohsin Akhtar Kayani of the Lahore High Court described his departure as a difficult decision after more than a decade of service.
In a resignation letter addressed to Pakistan’s president, Kayani referenced both personal health issues, including a recent surgery, and broader systemic concerns within the judicial system. He expressed particular alarm over changes brought by the Twenty-sixth and Twenty-seventh Constitutional Amendments, which he said compromised the institutional integrity and independence of the High Courts. According to Kayani, the executive’s growing control extended to the appointment and transfer of judges, a development he said had damaged public confidence in the judiciary and the fairness of legal proceedings.
Kayani also voiced concern for ordinary citizens seeking justice, stating that the needs of these individuals are increasingly overlooked while others benefit from a system he described as serving particular interests rather than the public at large. “In these circumstances, my conscience does not permit me to continue on the bench,” he wrote. He emphasized that judicial office must remain closely tied to independence, constitutional principles, and the protection of human dignity.
Following his resignation, Kayani said he plans to return to legal practice, aiming to continue advocating for people’s rights and promoting legal awareness.
His decision comes amid a broader controversy over the transfers of senior judges, which have drawn criticism and prompted discussions about judicial independence. Kayani was transferred from the Islamabad High Court to the Lahore High Court in April after approval from the Judicial Commission of Pakistan. Other notable transfers included Justice Babar Sattar, who was moved to the Peshawar High Court, and Justice Saman Rafat Imtiaz, reassigned to the Sindh High Court.
Prior to his transfer, Kayani served as the senior judge of the Islamabad High Court and had been considered a potential candidate for chief justice there. However, the move resulted in a loss of seniority for him; he was placed 12th on the Lahore High Court’s seniority list and was not assigned to a division bench despite his previous standing.
Reports indicate that Kayani, along with other judges, had earlier contested the administrative authority exercised by Islamabad High Court Chief Justice Sardar Muhammad Sarfraz Dogar, highlighting ongoing tensions within the judiciary over governance and independence.