Pakistani Judge Mohsin Kayani Resigns, Citing Judicial Interference and ‘Reasons of Conscience’

LAHORE, Oct 29: Senior Pakistani judge Mohsin Akhtar Kayani has resigned from the Lahore High Court (LHC), citing concerns over judicial independence, growing executive influence, health issues and what he described as “reasons of conscience”.

In his resignation letter addressed to Pakistan’s President, Kayani reflected on his judicial career, stating that serving at the Islamabad High Court (IHC) and the LHC had been a privilege. He said he had decided more than 23,000 cases while striving to uphold constitutional principles, safeguard fundamental rights and deliver justice impartially.

However, he expressed serious reservations about developments within Pakistan’s judicial system, particularly the changes introduced through the 26th and 27th Constitutional Amendments. According to Kayani, these amendments had weakened the independence and institutional credibility of the high courts.

He also criticised increasing executive influence over judicial institutions, particularly in matters concerning the appointment and transfer of judges. He warned that such practices had eroded public trust in the judiciary and raised questions about the fairness of legal proceedings.

Expressing disappointment over the prevailing circumstances, Kayani wrote that his conscience no longer permitted him to remain on the bench. Describing his departure as a difficult decision, he indicated his intention to return to legal practice and continue contributing to public welfare, the protection of constitutional rights and legal awareness.

His resignation comes well ahead of his scheduled retirement on February 10, 2032. Kayani, who originally belongs to Islamabad, previously served at the IHC before being transferred to the LHC in April. Following the transfer, he was assigned to the court’s principal seat in Lahore but was not included in a division bench.

The judge had earlier been regarded as a likely successor to become the IHC chief justice, given his position as the court’s senior puisne judge. However, the transfer of incumbent IHC Chief Justice Sardar Muhammad Sarfraz Dogar from the LHC, along with the transfer of two other judges from the Sindh and Balochistan high courts, led to a legal confrontation.

Kayani challenged the inter-high court transfers, but the Supreme Court’s constitutional bench upheld the decisions, including Dogar’s appointment to the IHC.

The developments subsequently led to further disputes over the administrative functioning of the Islamabad High Court. Kayani and several other senior judges questioned the powers exercised by Dogar, alleging that the chief justice’s office had effectively become a “monocracy”, allowing judges to be excluded from judicial benches at discretion.

His transfer to Lahore also affected his seniority, placing him at the 10th position on the LHC’s seniority list.

In the days preceding his resignation, Kayani returned to the twin cities to preside over a single bench at the Rawalpindi registry after a reshuffle in the LHC’s duty roster. The revised arrangement assigned him only to a single bench, despite his earlier senior position at the Islamabad High Court.

Kayani was also among six IHC judges who raised allegations of intelligence agency interference in judicial matters in March 2024. In a letter addressed to members of the Supreme Judicial Council, the judges claimed that their relatives had been abducted and subjected to torture to exert pressure on them. They also alleged that their residences had been placed under covert surveillance.

Kayani’s resignation has brought renewed attention to concerns surrounding judicial autonomy, the transfer of judges and the relationship between Pakistan’s executive and judicial institutions.