Justice Kayani resigns as LHC judge, cites 'executive's growing control' over judiciary

• Justice Kayani raises concern over ordinary litigant's "plight".
• Conscience "does not permit me to continue": Justice Kayani.
• Justice Kayani announces plans to return to legal practice.

LAHORE: Justice Mohsin Akhtar Kayani on Wednesday stepped down as Lahore High Court (LHC) judge, citing "reasons of conscience" amid the "executive's growing control over judicial institutions".

Justice Kayani was among three judges transferred to other high courts from the Islamabad High Court (IHC) in April this year on a proposal initiated by IHC Chief Justice Sardar Sarfraz Dogar.

A Judicial Commission of Pakistan (JCP) meeting, chaired by the Chief Justice of Pakistan Yahya Afridi, approved the transfers on April 28.

The commission had approved the transfer of Justice Kayani from IHC to the LHC, Justice Babar Sattar to the Peshawar High Court (PHC), and Justice Saman Rafat Imtiaz to the Sindh High Court (SHC), with a majority vote.

In his resignation letter, a copy of which is available with Geo News, Justice Kayani said he was stepping down for "personal reasons, including health concerns following my recent surgery", as well as reasons of conscience, which he elaborated on later in the document.

He described his services at the IHC and LHC as a "privilege", saying those years of judicial service remained among the most meaningful and fulfilling of his life.

Justice Kayani recalled that he had disposed of more than 23,000 cases of various categories during his tenure, while working always to uphold the Constitution, safeguard fundamental rights, and administer justice without fear or favour.

"However, in my considered view, the changes introduced through the Twenty-sixth and Twenty-seventh Constitutional Amendments have compromised the independence and institutional integrity of the High Courts," he said.

The judge added: "I have witnessed what I regard as the executive's growing control over judicial institutions, extending to the appointment and transfer of judges."

He also maintained that such interference has seriously eroded public confidence in judicial independence and the fairness of the judicial process.

Justice Kayani raised concerns over "the plight of the ordinary litigant" in the judicial system, saying their "suffering continues to deepen".

"The needs of those seeking justice have too often been neglected, while other actors have become the beneficiaries of a system intended to serve them," he added.

Under such circumstances, Justice Kayani said his conscience "does not permit me to continue" on the bench, terming it "a painful decision".

He said that the decision reflected his conviction that judicial office must remain inseparable from independence, fidelity to the Constitution, and the protection of human dignity.

The judge also announced plans to return to legal practice, saying he intended to continue serving the people, protecting their rights, and promoting legal awareness.