A senior member of the judiciary has stepped away from the bench with a stark warning about the state of institutional independence in the country.
According to Geo News, Justice Mohsin Akhtar Kayani on Wednesday resigned from his position as a judge of the Lahore High Court (LHC). In his resignation letter, Justice Kayani stated that he was stepping down for personal reasons, including health concerns following a recent surgery, as well as reasons of conscience.
Geo News reported that the outgoing judge described the changes introduced through the Twenty-sixth and Twenty-seventh Constitutional Amendments as having compromised the independence and institutional integrity of the high courts. He maintained that he had witnessed the executive's growing control over judicial institutions, which he said extended to the appointment and transfer of judges and had seriously eroded public confidence in the fairness of the judicial process.
Background
According to the details published by Geo News, Justice Kayani was previously among three judges transferred to other high courts from the Islamabad High Court (IHC) in April. That transfer was initiated through a proposal by IHC Chief Justice Sardar Sarfraz Dogar and approved by a Judicial Commission of Pakistan meeting chaired by Chief Justice of Pakistan Yahya Afridi. Along with Justice Kayani's transfer to the LHC, the commission approved moving Justice Babar Sattar to the Peshawar High Court and Justice Saman Rafat Imtiaz to the Sindh High Court by a majority vote.
During his judicial tenure, Justice Kayani disposed of more than 23,000 cases across various categories. He stated that he had always worked to uphold the Constitution, safeguard fundamental rights, and administer justice without fear or favour. However, he expressed concern over the deepening suffering of ordinary litigants, noting that the needs of those seeking justice have too often been neglected while other actors benefit from the system.
Why it matters
As reported by Geo News, Justice Kayani's decision underscores ongoing debates regarding the balance of power between the judiciary and the executive branch in Pakistan. His concerns regarding public confidence, institutional integrity, and the plight of ordinary litigants highlight the structural pressures facing the legal system. Following his resignation, Justice Kayani has announced plans to return to legal practice to continue serving the people, protecting their rights, and promoting legal awareness.