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Justice Mohsin Akhtar Kayani Resigns from Lahore High Court, Citing Threats to Judicial Independence

Jarida Report

Lahore High Court (LHC) Justice Mohsin Akhtar Kayani tendered his resignation on Wednesday, citing health concerns and what he described as increasing executive interference in the judiciary following the passage of the 26th and 27th Constitutional Amendments.

In his resignation letter addressed to the president, Justice Kayani expressed serious reservations about the impact of the constitutional changes on the independence of Pakistan’s superior courts.

“In my considered view, the changes introduced through the 26th and 27th Constitutional Amendments have compromised the independence and institutional integrity of the high courts,” he wrote.

Justice Kayani, who was transferred from the Islamabad High Court (IHC) to the LHC in May 2026, had been serving at the Lahore court’s principal seat. Under a recently issued judicial roster, he was reassigned to the Rawalpindi bench.

Before his transfer, he ranked second in seniority at the IHC. He subsequently became the 10th most senior judge at the LHC and was scheduled to retire in 2032.

Reflecting on his judicial career, Justice Kayani described his service at both high courts as a privilege and said he had sought to uphold constitutional principles and protect fundamental rights throughout his tenure.

“These years of judicial service remain among the most meaningful and fulfilling of my life. During my tenure, I have disposed of more than 23,000 cases of various categories, endeavouring always to uphold the Constitution, safeguard fundamental rights, and administer justice without fear or favour,” he stated.

The judge argued that growing executive involvement in judicial appointments and transfers had undermined public confidence in the justice system.

“I have witnessed what I regard as the executive’s growing control over judicial institutions, extending to the appointment and transfer of judges. Such interference has, in my assessment, seriously eroded public confidence in judicial independence and the fairness of the judicial process,” he wrote.

Justice Kayani also expressed concern about the difficulties faced by ordinary citizens seeking justice, arguing that their interests were increasingly being overlooked.

He described the ordinary litigant as “the principal stakeholder in the justice system, yet whose suffering continues to deepen,” adding that the needs of those seeking justice “have too often been neglected, while other actors become the beneficiaries of a system intended to serve them.”

Explaining his decision to step down, Justice Kayani said that, under the prevailing circumstances, “my conscience does not permit me to continue on the Bench.”

He acknowledged that resigning was a painful decision but maintained that judicial office must remain grounded in constitutional fidelity, independence and respect for human dignity.

Justice Kayani said he intended to resume legal practice, “through which I intend to continue serving the people, protecting their rights and promoting legal awareness.”

Appointed to the Islamabad High Court in December 2015, Justice Kayani became known for his handling of cases involving fundamental rights, particularly petitions concerning enforced disappearances.

He also publicly expressed reservations about the 27th Constitutional Amendment during its passage last year.

His resignation brings an end to more than a decade of judicial service and comes amid continuing debate over constitutional changes affecting Pakistan’s judiciary.

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