Justice Kayani Resigns Over Concerns About Judicial Independence

Lahore High Court Justice Mohsin Akhtar Kayani resigned on Wednesday after raising serious concerns about the independence of Pakistan’s superior judiciary and what he described as increasing executive influence over judicial institutions. In a resignation letter addressed to President Asif Ali Zardari, the judge also cited personal circumstances and health difficulties following a recent surgical procedure.

Justice Kayani said his years on the bench had been among the most significant of his professional life. He reported deciding more than 23,000 cases across different legal categories while seeking to protect constitutional rights and administer justice impartially. Despite that attachment to judicial service, he concluded that the conditions required for him to remain in office were no longer present.

The departing judge linked his decision to institutional changes introduced through the 26th and 27th Constitutional Amendments. In his assessment, those changes weakened both the independence and the institutional standing of the high courts. He argued that executive involvement had expanded into sensitive areas, including the appointment and transfer of judges, damaging public confidence in the neutrality of the judicial process.

Explaining the decisive factor behind his departure, Justice Kayani said his conscience would not allow him to continue serving under the prevailing circumstances. He described the decision as painful but maintained that judicial office could not be separated from constitutional fidelity, institutional independence and respect for human dignity. He said he planned to resume legal practice and continue working for citizens’ rights and greater public awareness of the law.

His letter also highlighted the growing difficulties faced by ordinary litigants. Justice Kayani portrayed citizens seeking justice as the system’s principal stakeholders but said their interests were frequently overshadowed while more powerful actors benefited from existing arrangements. The observation places his resignation within a wider debate about court administration, access to justice, case delays and public trust in Pakistan’s legal institutions.

Justice Kayani had served as the senior puisne judge of the Islamabad High Court and was previously regarded as a possible candidate for its chief justice. His position changed after Justice Sardar Muhammad Sarfraz Dogar and other judges were transferred between high courts, triggering disputes over seniority and the constitutional framework governing such moves. A constitutional bench of the Supreme Court subsequently upheld the transfers involving the Islamabad High Court.

In April 2026, Justice Kayani was transferred from the Islamabad High Court to the Lahore High Court. The move substantially lowered his position on the seniority list, and he was not assigned to a division bench despite his previous standing. A later roster sent him to the Rawalpindi registry to preside over a single bench. He and other judges had also challenged the administrative authority exercised within the Islamabad High Court, alleging that roster arrangements could be used to exclude judges from hearing cases.

Justice Kayani was among six Islamabad High Court judges who wrote to the Supreme Judicial Council in March 2024 alleging interference by intelligence agencies in judicial matters. His resignation, years before his scheduled retirement in February 2032, is therefore likely to intensify scrutiny of judicial transfers, court administration and the constitutional safeguards intended to separate the judiciary from the executive. Attention will now turn to the institutional response and to whether his departure prompts renewed legal and political debate over judicial independence.