LHC Justice Kayani Resigns, Saying ‘Conscience Does Not Permit’ Him to Continue

The judge cites health concerns following recent surgery and says the 26th and 27th Constitutional Amendments have undermined judicial independence, alleging growing executive control over judicial institutions; he was due to retire in February 2032. 

Staff Report

LAHORE: Lahore High Court (LHC) Justice Mohsin Akhtar Kayani tendered his resignation on Wednesday, citing personal reasons, including health concerns following a recent surgery, as well as “reasons of conscience”.

In his resignation letter to the President of Pakistan, he expressed serious concerns over what he described as growing executive control over judicial institutions and the erosion of judicial independence. 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 has come years before the date of his retirement is Feb 10, 2032. He hails from Islamabad and was serving at the IHC before his transfer to the LHC in April. He was assigned to the LHC’s 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 IHC and was expecting to be elevated to the post of the high court’s chief justice. However, the transfer of incumbent IHC Chief 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. The decision, however, triggered a broader legal battle.

Justice Kayani and other senior IHC judges approached the Supreme Court 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. His resignation came 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.

The new duty roster assigned him only to a single bench at the Rawalpindi registry despite his previous position as the IHC’s senior puisne judge.

Education and career

According to information available on the LHC’s website, Justice Kayani completed his early education at FG Boys High School in Islamabad and pursued higher education at FG College for Men. He graduated in 1989.

The judge earned his LLB from the University of Punjab in 1994, followed by an MA degree in Political Science in 1996, an LLM from Karachi University in 2003 and a MSc in Pakistan Studies in 2005.

He also has postgraduate diploma in human rights from Peshawar University in collaboration with the Norwegian Institute of Human Rights, Oslo University.

Justice Kayani was enrolled as an advocate of the district courts in 1995 and ascended to the high court in 1997 and the Supreme Court in 2009. He was appointed as an IHC judge on Dec 23, 2015 and transferred to the LHC on April 29 this year.

The judge also served as the joint secretary of the Islamabad District Bar Association from 1998 to 1999, general secretary of the Islamabad District Bar Association from 2002 to 2003 and the president of the Islamabad High Court Bar Association from 2013 to 2014.

“He has presided over significant cases, particularly those related to enforced disappearances. Justice Kayani has advocated for legislative reforms, including proposing strict penalties for enforced disappearances, reflecting his commitment to justice and the rule of law,” the website says.