LHC Justice Mohsin Akhtar Kayani Steps Down Citing Health and Conscience
Justice Mohsin Akhtar Kayani of the Lahore High Court tendered his resignation on Wednesday, attributing his decision to health complications arising from a recent surgery and a matter of conscience. Although his official retirement date was set for February 10, 2032, the judge chose to end his tenure prematurely.
Constitutional Concerns and Judicial Independence
In his resignation letter addressed to the President of Pakistan, Justice Kayani expressed serious concerns about the impact of the 26th and 27th Constitutional Amendments on the autonomy and integrity of Pakistan’s high courts. He highlighted an increasing encroachment by the executive branch over judicial institutions, especially regarding the appointment and transfer of judges. This, he argued, had significantly diminished public trust in the judiciary and undermined the fairness of legal proceedings.
Justice Kayani pointed out that ordinary litigants, who are the primary stakeholders in the judicial system, have suffered the most. Contrarily, other groups have unjustly benefited from a system ostensibly designed to serve the public interest. He emphasized, “My conscience does not permit me to continue on the bench,” adding that judicial service must be rooted in independence, constitutional fidelity, and respect for human dignity.
Career Journey and Seniority Disputes
Hailing from Islamabad, Justice Kayani had a distinguished educational background, including degrees in law, political science, and Pakistan studies, as well as a postgraduate diploma in human rights that he earned in collaboration with institutions in Norway. He was appointed as a judge of the Islamabad High Court on December 23, 2015, and throughout his career, he has handled over 23,000 cases in both the Islamabad High Court and Lahore High Court.
A notable episode in his career involved a dispute over transfers and seniority within the judiciary. Despite being the senior puisne judge of the Islamabad High Court and a strong candidate for its chief justice position, Kayani challenged the transfer of Chief Justice Sardar Muhammad Sarfraz Dogar from Lahore High Court, alongside other judges from Sindh and Balochistan. The Supreme Court upheld these transfers, but the subsequent administrative powers exercised by the Lahore High Court’s chief justice sparked further complaints from Kayani and fellow senior judges, who accused the office of functioning as a ‘monocracy’ with unchecked control.
Following his transfer to Lahore High Court on April 29, Kayani experienced a drop in seniority to 12th position and was not assigned to any division bench, further limiting his judicial influence. Shortly before resigning, he was reassigned to preside over a single bench at the Rawalpindi registry.
Significance for Pakistan’s Judiciary
Justice Kayani’s resignation illuminates growing tensions within Pakistan’s judicial system, highlighting concerns over political influence and executive interference that undermine the courts’ independence. His departure raises questions about the protection of judicial integrity, an issue critical for maintaining public confidence in legal institutions within Pakistan. For citizens who rely on impartial justice, such developments underscore the importance of safeguarding judicial autonomy against administrative and political pressures.
Kayani intends to return to legal practice, vowing to continue advocating for public rights and raising legal awareness outside the bench. His farewell also included gratitude towards his mentors, colleagues, and family for their support throughout his judicial service.
