Justice Kayani Resigns Early, Warns of Eroding Judicial Independence

Lahore, October 28: Justice Mohsin Akhtar Kayani of the Lahore High Court (LHC) has stepped down from his judicial position, arguing that executive influence over the courts has become too strong to ignore. He announced his resignation on Wednesday, according to local media reports.

In a letter to the President of Pakistan, quoted by a prominent English newspaper, the judge reflected on his years on the bench. He stated that he had resolved more than 23,000 cases across different categories. “My aim throughout has been to honour the Constitution, defend fundamental rights, and ensure justice is delivered without fear or prejudice,” he wrote.

The judge then turned to what he described as a serious deterioration. He said the 26th and 27th Constitutional Amendments had weakened the independence and institutional integrity of the high courts. Control by the executive, he noted, has grown over judicial institutions, reaching even the appointment and transfer of judges. He believes such intervention has greatly reduced public trust in judicial independence and in the impartiality of the judicial process.

According to Justice Kayani, the most alarming development is the situation faced by ordinary litigants. He said these individuals, who are central to the justice system, are facing mounting difficulties. Their needs, he added, are often set aside, even as others take advantage of a framework created to serve them.

“Under these circumstances, my conscience does not allow me to remain in this post,” he said. He acknowledged that the decision was not an easy one, but said it reflected his firm view that judges must protect liberty, remain loyal to the Constitution, and safeguard human dignity.

He concluded that the right time had come to leave the bench and return to legal practice. From that role, he said, he intends to continue serving the public, protecting their rights, and promoting awareness of the law.

His term had been set to run until February 10, 2032, meaning he has chosen to retire well before that date. He is from Islamabad and worked at the Islamabad High Court before being transferred to the LHC in April. In Lahore, he was assigned the principal seat of the high court.