‘My conscience does not permit’: LHC’s Justice Kayani resigns over ‘executive’s growing control over judicial institutions’

LAHORE: Justice Mohsin Akhtar Kayani of the Lahore High Court (LHC) has resigned, citing concerns over judicial independence following the 26th and 27th constitutional amendments and executive control over the judiciary.

In his resignation letter addressed to President Asif Ali Zardari, Justice Kayani said the constitutional amendments had compromised the independence and institutional integrity of high courts.

“I have witnessed what I regard as the executive’s growing control over judicial institutions, extending to the appointment and transfer of judges,” he wrote.

He said such interference had, in his assessment, seriously eroded public confidence in judicial independence and the fairness of the judicial process.

Justice Kayani also cited personal reasons, including health concerns following his recent surgery, and said his conscience no longer permitted him to continue serving as a judge.

‘My conscience does not permit me’

In the letter, Justice Kayani said his years of service at the Islamabad High Court (IHC) and the LHC had been among the most meaningful and fulfilling of his life.

He said he had disposed of more than 23,000 cases of various categories during his judicial career, adding that he had sought to uphold the Constitution, safeguard fundamental rights and administer justice without fear or favour.

The judge expressed particular concern over the plight of ordinary litigants, saying their needs had too often been neglected while other actors had benefited from a system intended to serve them.

“In these circumstances, my conscience does not permit me to continue on the Bench,” he wrote, describing his resignation as a painful decision rooted in his belief that judicial office must remain inseparable from independence, constitutional fidelity and the protection of human dignity.

Justice Kayani said he intended to return to legal practice after stepping down from the bench, with plans to continue serving the public, protecting people’s rights and promoting legal awareness.

He also thanked his teachers, fellow judges and family members for their guidance and support, including during the deliberations that led to his decision.

Transfer to LHC

Justice Kayani had served as the senior puisne judge of the IHC before his transfer to the LHC in April 2026. On April 28, the Judicial Commission of Pakistan approved his transfer, along with those of Justice Babar Sattar to the Peshawar High Court and Justice Saman Rafat Imtiaz to the Sindh High Court.

He was subsequently assigned to the LHC’s principal seat in Lahore before being moved to its Rawalpindi Bench under a revised judges’ roster.

Justice Kayani was due to retire in 2032. Following his transfer, he was placed 10th on the LHC’s seniority list, while ranking second on the IHC’s seniority list, according to the information provided.

The transfers of high court judges had drawn objections from lawyers’ organisations and some legal circles, with critics raising concerns about transparency and judicial independence. The government maintained that the transfers had been carried out in accordance with constitutional procedures.