'Conscience doesn't permit': Justice Kayani resigns, says witnessed executive's growing control over judiciary

LAHORE: Lahore High Court’s (LHC) Justice Mohsin Akhtar Kayani resigned on Wednesday, citing personal reasons, including health concerns following a recent surgery, and “reasons of conscience”.

In his resignation letter to the president of Pakistan, a copy of which is available with Dawn, Justice Kayani said it had been a privilege for him to serve at the Islamabad High Court (IHC) and LHC.

“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 continued.

However, he added, “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”.

“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.”

Justice Kayani stated that of particular concern was the plight of the ordinary litigant, “who is the principal stakeholder in the justice system, yet whose suffering continues to deepen”.

The needs of those seeking justice had too often been neglected, while other actors had become the “beneficiaries of a system intended to serve them”, he said.

“In these circumstances, my conscience does not permit me to continue on the bench. This is a painful decision, but it reflects my conviction that judicial office must remain inseparable from independence, fidelity to the Constitution, and the protection of human dignity.

“I, therefore, consider that the time has come for me to lay down my robes and return to legal practice, through which I intend to continue serving the people, protecting their rights, and promoting legal awareness,” he added.

The judge ended his letter expressing gratitude to “my teachers, fellow judges and family members for their guidance and steadfast support, including during the deliberations that led to this decision”.

His resignation comes days after he returned to the twin cities to preside over a single bench at the Rawalpindi registry following a reshuffle at the high court.

Justice Kayani hails from Islamabad.

He was transferred to the LHC in April this year and assigned to its principal seat in Lahore. Despite being a senior judge of the LHC, he was not assigned to any division bench.

Justice Kayani previously served as the senior puisne judge of the Islamabad High Court (IHC) and was expecting to be elevated to chief justice. However, the transfer of Justice Sardar Muhammad Sarfraz Dogar from the LHC, along with two other judges from the Sindh and Balochistan high courts, prompted him to challenge the inter-high court transfers.

The Supreme Court’s constitutional bench upheld the transfers to the IHC, including that of Justice Dogar, who is now its chief justice. The decision, however, triggered a broader legal battle. Justice Kayani and other senior IHC judges approached the SC to challenge the administrative powers exercised by Chief Justice Dogar. They alleged that the office had been turned into a “monocracy” and that judges could be excluded from the roster at will.

Following his own transfer to the LHC, Justice Kayani lost his seniority and was placed 12th on the high court’s seniority list.

After he was transferred to the LHC’s Rawalpindi registry, the new duty roster assigned him only to a single bench despite his previous position as the IHC’s senior puisne judge and his pending challenge to the inter-high court transfers.

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