Pakistan judge quits over growing ‘executive interference’

Dubai: A senior Pakistani judge resigned on Wednesday, accusing the executive of increasing its control over the judiciary and warning that recent constitutional amendments had undermined the independence of the country’s high courts.

Justice Mohsin Akhtar Kayani of the Lahore High Court said his conscience no longer permitted him to remain on the bench, describing his resignation as a painful decision after more than a decade of judicial service.

In a resignation letter addressed to Pakistan’s president, reported by Dawn and Geo News, Kayani cited personal reasons, including health concerns following recent surgery, alongside serious concerns about the direction of the judicial system.

“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 wrote.

“I have witnessed what I regard as the executive’s growing control over judicial institutions, extending to the appointment and transfer of judges.”

He said such interference had seriously eroded public confidence in judicial independence and the fairness of legal proceedings.

Kayani said he was particularly troubled by the plight of ordinary people seeking justice, arguing that their needs had increasingly been neglected.

“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 said.

“In these circumstances, my conscience does not permit me to continue on the bench.”

He added that judicial office must remain inseparable from independence, constitutional principles and the protection of human dignity.

Kayani said he intended to return to legal practice, where he hoped to continue protecting people’s rights and promoting legal awareness.

His resignation follows months of controversy surrounding transfers of senior judges between Pakistan’s high courts.

Kayani was transferred from the Islamabad High Court to the Lahore High Court in April following approval by the Judicial Commission of Pakistan.

Justice Babar Sattar was transferred to the Peshawar High Court and Justice Saman Rafat Imtiaz to the Sindh High Court.

Before his transfer, Kayani had served as the senior puisne judge of the Islamabad High Court and had been considered a potential candidate for its chief justice.

According to Dawn, he subsequently lost his seniority and was placed 12th on the Lahore High Court’s seniority list.

Despite his previous senior position, he was not assigned to a division bench.

Kayani and other judges had earlier challenged the administrative powers exercised by Islamabad High Court Chief Justice Sardar Muhammad Sarfraz Dogar, alleging that judges could be excluded from judicial rosters at will.

The Supreme Court’s constitutional bench had upheld the disputed inter-high court transfers.

Kayani was also among six Islamabad High Court judges who wrote to the Supreme Judicial Council in March 2024, alleging interference by intelligence agencies in judicial affairs.

Their allegations included attempts to pressure judges through intimidation of family members and surveillance inside their homes, Dawn reported.

The allegations formed part of a wider controversy over judicial independence in Pakistan.

Kayani, who was appointed to the Islamabad High Court in December 2015, said he had disposed of more than 23,000 cases during his judicial career.

His resignation comes more than five years before his scheduled retirement on February 10, 2032.

He described his years on the bench as among the most meaningful of his life, while thanking fellow judges, teachers and family members for their support.