Reference filed against Justice Mohsin Akhtar Kayani

ISLAMABAD: A complaint has been filed with the Supreme Judicial Council against Isamabad High Court judge Justice Mohsin Akhtar Kayani, seeking an inquiry against his alleged misconduct.

Advocate Raja Maqsood Hussain has lodged the reference with the Supreme Judicial Council. The complaint seeks the removal of Justice Mohsin Akhtar Kayani from his position until a decision is made on the complaint.

Justice Mohsin Akhtar Kiani is accused of misusing his administrative powers as an administrative judge. He is alleged to have assigned cases of his relatives and friends in an unjust manner. False cases are said to have been assigned by Justice Mohsin Akhtar Kiani within his bench.

Furthermore, it is alleged that Justice Mohsin Akhtar Kayani is providing undue protection to illegal boat operators at Rawal Dam. There is a perception that departments avoid taking any action against his relatives.

It said also accused him of showing favoritism towards his associates and lawyers within the AQ Associates. Legal action should be initiated against him for favoring the lawyers who are associated with him, it said

The complainant said that Justice Mohsin Akhtar Kayani has numerous undeclared properties in Pakistan and abroad. In Pakistan, he possesses 15 undeclared immovable properties, it said.

Among these undeclared properties are eight plots, nine houses, and apartments. The complainant said that in Sector F-6 of Islamabad, Justice Kayani has an undisclosed property with an estimated value of two billion rupees.

The reference said that under the patronage of Justice Mohsin Akhtar Kayani, “a troubling trend has emerged as he has been consistently hearing cases involving close friends and immediate relatives, whether they appear as lawyers or parties in those cases.:

It said:m “This practice is unprecedented, and there is no similar example even in the most corrupt and incompetent judicial systems worldwide. No judge in the history of Pakistan’s judicial system has ever engaged in such unethical conduct. It remains unclear how the learned judge can assert that his professionalism and integrity surpass those of judicial systems throughout the world or that he is exempt from the law to such an extent.”

The reference said: “Justice Mohsin Akhtar Kayani has been a partner at AQ Associates along with Chaudhary Abdul Aziz, ASC (currently Justice Chaudhary Abdul Aziz, judge of Lahore High Court), Sardar Shabbir Hussain, and Qazi Adil Aziz, Sagib Bhati, Owais Imam, Taimoor Ali Khan, Malik Talha Rahim, Rao Abdur Raheem, Haseeb Afridi, Aman Ullah Kayani, and Jawad Adil.

This situation presents a mockery of the judicial system and a severe case of conflict of interest. These juniors and partners also appear in cases before Justice Kayani, and almost every case seems to be managed.”

The reference said: “It is worth noting that the brother of one partner (lawyer), Jawad Adil, is a known terrorist affiliated with Tehrik Taliban Pakistan, leading to an FIR registered against him under the Anti-Terrorism Act. Various conflict of cases in which the judge has favoured his partners, associates, and juniors are mentioned alongside their respective names.”

It said that “Muhammad Sagib Bhatti, who was a senior mast associate of the judge during his practice, has been a long-time confidant of the judge. Sagib Bhatti got married to a French national, Samia Noreen Iqbal, who concealed her identity while serving as a judicial officer in Islamabad. She was also an associate of Justice Mohsin Akhtar Kiyani. This raises concerns about professional misconduct on the part of both the judge and Sagib Bhatti. Sagib Bhatti later served as a judicial officer but has now resigned to actively engage in cases on a “done basis” or guarantee. He is now recognized as one of the top tout lawyers of the judge, alongside Qaiser Imam and Qazi Adil Aziz, who are known for their practice on a “done basis.” Sagib Bhatti appeared in the several cases before the Justice Kayani on a “done basis.”