World

Justice Mohsin Kayani Resigns Over Judicial Interference, Citing Conscience

By Debdutta Chakraborty

Justice Mohsin Kayani, a Lahore High Court judge since April, resigned on Wednesday, stating that his conscience does not allow him to remain on the bench amid concerns over judicial independence. Kayani is the fourth judge to step down following the controversial 26th and 27th Constitutional Amendments. Earlier resignations in November last year included Supreme Court Justices Syed Mansoor Ali Shah and Athar Minallah, and Lahore High Court Justice Shams Mehmood Mirza.

In his resignation letter, Kayani criticized the amendments for compromising the independence and institutional integrity of the judiciary. He said he had witnessed the executive’s growing control over judicial institutions, including the appointment and transfer of judges, and that such interference had eroded public confidence in judicial independence and fairness. Kayani also expressed concern that ordinary litigants’ needs were often neglected.

Kayani, who had served as the senior puisne judge of the Islamabad High Court since December 2015 before being transferred to Lahore on 29 April, had been considered a potential successor to the Islamabad High Court’s chief justice. His transfer, along with those of other judges, sparked a dispute over high‑court transfers and administration. The Supreme Court’s constitutional bench upheld the transfers, a decision that became part of a broader conflict over the powers of high‑court chief justices.

Prior to his resignation, Kayani had been vocal about military interference in the judiciary. In March 2024, he and five other Islamabad High Court judges accused Pakistan’s intelligence apparatus of attempting to pressure judges through intimidation, abduction, torture of relatives, and secret surveillance. Kayani had also presided over cases involving enforced disappearances and advocated for stricter penalties for such cases.

The 26th amendment, passed in October 2024, curtailed the powers of the Supreme Court and high courts and allowed the prime minister to appoint the chief justice of Pakistan from among the three most senior judges, breaking the traditional seniority system. The subsequent 27th amendment established a Federal Constitutional Court, creating two parallel apex courts.

Kayani’s resignation comes more than five years before his scheduled retirement on 10 February 2032. He intends to return to legal practice, where he hopes to continue defending rights and promoting legal awareness.

(Edited by Prashant Dixit)