Lahore High Court (LHC) judge Justice Mohsin Akhtar Kayani resigned on Wednesday, October 28. In a letter to the president, he cited personal reasons including his health, as well as what he called the executive's growing interference in judicial affairs.
According to sources, Justice Kayani wrote that, in his considered view, the changes introduced through the 26th and 27th Constitutional Amendments had compromised the independence and institutional integrity of the high courts. He said he had witnessed the executive's growing control over judicial institutions, extending to the appointment and transfer of judges, and that this had seriously eroded public confidence in judicial independence.
'Conscience does not permit me'
He voiced particular concern for the ordinary litigant, whom he described as the principal stakeholder in the justice system but whose suffering continues to deepen. In these circumstances, he wrote, his conscience did not permit him to continue on the bench, calling it a painful decision. He said he had disposed of more than 23,000 cases during his tenure and would now return to legal practice.
Justice Kayani was elevated to the Islamabad High Court in December 2015 and became known for rulings on fundamental rights and enforced disappearances. In April, the Judicial Commission of Pakistan approved his transfer to the LHC under the 27th Amendment, which took effect in May. He was also among the six IHC judges who wrote to the Supreme Judicial Council about alleged interference by intelligence agencies. He had been due to retire in 2032.