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Pakistani judge Mohsin Kayani quits over continued judicial interference, cites 'reasons of conscience'

Lahore, Oct 29 (UNI) One of Pakistan's senior judges, Lahore High Court (LHC) Justice Mohsin Akhtar Kayani, resigned on Wednesday, citing personal reasons, health concerns following recent surgery and what he described as "reasons of conscience".
In a letter to Pakistan's president, a copy of which was obtained by Dawn, Kayani said serving at the Islamabad High Court (IHC) and LHC had been a privilege. He said he had disposed of more than 23,000 cases during his judicial career, seeking to uphold the Constitution, protect fundamental rights and administer justice "without fear or favour".
However, in a dig at the military's consistently growing influence on the judiciary, he said changes introduced through the 26th and 27th Constitutional Amendments had compromised the independence and institutional integrity of the high courts.
Kayani alleged that growing executive control over judicial institutions, including the appointment and transfer of judges, had seriously undermined public confidence in judicial independence and the fairness of the legal process. He also expressed concern that the needs of ordinary litigants were being neglected.
"In these circumstances, my conscience does not permit me to continue on the bench," he wrote, describing his resignation as a painful decision. He said he intended to return to legal practice to continue serving the public, protecting rights and promoting legal awareness.
Kayani's resignation comes years before his scheduled retirement on February 10, 2032. Originally from Islamabad, he served at the IHC before being transferred to the LHC in April and assigned to its principal seat in Lahore. Despite his seniority, he was not assigned to a division bench.
As the IHC's senior puisne judge, Kayani had been expected to become its chief justice. However, the transfer of incumbent IHC Chief Justice Sardar Muhammad Sarfraz Dogar from the LHC, alongside two judges from the Sindh and Balochistan high courts, prompted Kayani to challenge the inter-high court transfers.
The Supreme Court's constitutional bench upheld the transfers, including Dogar's appointment to the IHC, triggering a wider legal dispute. Kayani and other senior IHC judges subsequently challenged the administrative powers exercised by Dogar, alleging that the chief justice's office had become a "monocracy" in which judges could be excluded from the roster at will.
Following his transfer to the LHC, Kayani lost his seniority and was placed 10th on the court's seniority list.
Days before his resignation, he returned to the twin cities to preside over a single bench at the Rawalpindi registry following a reshuffle in the LHC's duty roster. The new roster assigned him only to a single bench there, despite his previous position as the IHC's senior puisne judge.
Kayani was also among six IHC judges who, in a letter to members of the Supreme Judicial Council in March 2024, accused Pakistan's intelligence agencies of interfering in judicial affairs. The judges alleged that relatives had been abducted and tortured to pressure them, and that their homes had been subjected to covert surveillance.
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