Justice Kayani resigns citing constitutional amendments and executive control
Justice Mohsin Akhtar Kayani resigned from the Lahore High Court on October 28, 2026, citing personal health reasons and a profound erosion of judicial independence due to executive interference and recent constitutional amendments.
Justice Mohsin Akhtar Kayani resigned from the Lahore High Court on October 28, 2026. His resignation letter, addressed to President Asif Ali Zardari, cited personal reasons and health concerns following a recent surgery. Justice Kayani stated that the 26th and 27th Constitutional Amendments have compromised judicial independence and institutional integrity. He pointed to growing executive control over judicial institutions, including the appointment and transfer of judges, as eroding public confidence. He was due to retire in 2032 and was ranked 10th on the LHC’s seniority list and second on the IHC’s list before his transfer. The government has maintained that recent judge transfers were conducted according to constitutional procedures.
Career and Judicial Tenure
Justice Kayani had a distinguished judicial career, disposing of more than 23,000 cases. He emphasized a commitment to upholding the Constitution and safeguarding fundamental rights. He was appointed as an Islamabad High Court judge on December 23, 2015, and was transferred to the Lahore High Court on April 29, 2026. The Judicial Commission of Pakistan approved this transfer on April 28, 2026, along with the transfers of Justices Babar Sattar and Saman Rafat Imtiaz.
After his transfer, he was placed 12th on the LHC seniority list, losing his prior position as senior puisne judge of the IHC. He was assigned to the LHC’s principal seat in Lahore before being moved to its Rawalpindi Bench. Justice Kayani returned to preside over a single bench at the Rawalpindi registry just days before resigning, following a high court reshuffle. He stated that the needs of ordinary litigants had been neglected while other actors became beneficiaries of the justice system.
His educational and professional background is detailed below:
| Qualification / Role | Institution / Body | Year / Period |
|---|---|---|
| LLB | University of Punjab | 1994 |
| MA in Political Science | - | 1996 |
| LLM | Karachi University | 2003 |
| MSc in Pakistan Studies | - | 2005 |
| Postgraduate Diploma in Human Rights | Peshawar University & Oslo University | - |
| Enrolled as Advocate (District Courts) | - | 1995 |
| Elevated to High Court Advocate | - | 1997 |
| Joint Secretary, Islamabad District Bar Association | - | 1998-1999 |
| General Secretary, Islamabad District Bar Association | - | 2002-2003 |
| President, Islamabad High Court Bar Association | - | 2013-2014 |
| Judge, Islamabad High Court | - | Appointed Dec 23, 2015 |
| Transferred to Lahore High Court | - | April 29, 2026 |
Constitutional Concerns
Justice Kayani's resignation was driven by deep constitutional concerns. He specifically cited the 26th and 27th Constitutional Amendments as key factors compromising the judiciary. Justice Mohsin Akhtar Kayani said: "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." He argued that executive interference in judicial appointments and transfers had severely eroded public confidence. These transfers, including that of Chief Justice Sardar Muhammad Sarfraz Dogar, were upheld by the Supreme Court’s constitutional bench but were challenged by Justice Kayani and others as creating a 'monocracy'. The transfers had drawn objections from lawyers’ organisations and legal circles over transparency and judicial independence.
Justice Kayani plans to return to legal practice after stepping down. He aims to continue serving the public and promoting legal awareness.
