Justice Mohsin Akhtar Kayani, a former senior judge of the Lahore High Court, tendered his resignation citing health concerns and a moral objection to what he sees as executive encroachment on judicial independence.
Key Facts of the Resignation
- Resignation letter addressed to the President, citing health after surgery and “reasons of conscience.”
- Criticised the 26th and 27th Constitutional Amendments for compromising the independence of high courts.
- Accused the executive of increasing control over judge appointments, transfers and the overall judicial process.
- Noted that he had disposed of more than 23,000 cases, emphasizing his commitment to constitutional values.
- Transferred to the Lahore High Court in April 2024, losing seniority and being placed 12th on the court’s seniority list.
Judicial Turbulence in Pakistan’s High Courts
Kayani’s resignation follows a series of high‑profile transfers, including Chief Justice Sardar Muhammad Sarfraz Dogar’s move from Lahore to Islamabad, and a Supreme Court ruling that upheld those transfers. The judge had previously challenged the Supreme Court’s administrative powers, alleging a “monocracy” that allowed judges to be excluded from rosters at will. His letter also referenced earlier accusations that intelligence agencies had interfered in judicial affairs, a claim that added to the perception of a politicised judiciary.
Implications for Judicial Independence and Public Trust
Kayani’s departure signals growing unease among senior judges about the erosion of institutional integrity. It may prompt further legal challenges to the 26th and 27th amendments and could erode public confidence in the courts. His move to private practice suggests a continued fight for legal awareness, but the broader question remains: can Pakistan’s judiciary maintain its independence amid executive pressure?