Justice Mohsin Akhtar Kayani has resigned from his judicial position, raising serious concerns about judicial independence in Pakistan. He accused the executive of increasing its influence over judicial institutions and criticised recent constitutional amendments.

The resignation was submitted to President Asif Ali Zardari. Kayani also referred to health concerns following surgery and personal circumstances. However, he stated that his conscience no longer allowed him to continue serving on the bench.

His decision comes after months of controversy involving judicial transfers, seniority disputes, and administrative powers within the Islamabad High Court (IHC). His departure has added another development to the ongoing debate over the independence of Pakistan’s superior courts.

Mohsin Akhtar Kayani Criticises Constitutional Amendments

In his resignation letter, Mohsin Akhtar Kayani questioned the direction of judicial reforms. He expressed concern about whether the current institutional structure could protect judges from outside influence.

He specifically criticised the 26th and 27th Constitutional Amendments. According to him, these changes had weakened the autonomy and institutional integrity of Pakistan’s high courts.

Kayani also raised concerns about the executive’s growing role in judicial affairs. He pointed to decisions involving the appointment and transfer of judges as areas of concern.

He argued that such developments could weaken public confidence in judicial independence and the fairness of court proceedings. He also highlighted the impact of institutional weaknesses on ordinary citizens seeking justice.

The outgoing judge maintained that litigants should remain at the centre of the justice system. However, he believed their interests were increasingly being overlooked in favour of influential stakeholders.

Disputes Over Judicial Transfers and Seniority

Before his transfer to Lahore, Kayani served as the senior puisne judge of the Islamabad High Court. He was also considered a potential candidate for the court’s chief justice position.

The controversy intensified after Justice Sardar Muhammad Sarfraz Dogar was transferred from the Lahore High Court to the Islamabad High Court. Two other judges from the Sindh and Balochistan high courts were also transferred.

These moves changed the IHC’s seniority arrangements. Kayani and other judges challenged the transfers through legal proceedings.

The Supreme Court’s constitutional bench upheld the transfers. However, the ruling did not fully resolve the wider institutional dispute.

Justice Dogar later became chief justice of the Islamabad High Court. Kayani and other judges subsequently questioned administrative powers exercised under his leadership.

They alleged that judicial administration had become overly centralised. They also raised concerns about changes to bench rosters and the distribution of cases.

Transfer to Lahore Changed Kayani’s Seniority

In April 2026, Mohsin Akhtar Kayani was transferred to the Lahore High Court. The move placed him at 12th position on the court’s seniority list.

Despite his experience, he was not assigned to a division bench in Lahore. The transfer became another major development in the wider judicial controversy.

A later administrative reshuffle also affected his scheduled duties. Under a revised roster covering November 2 to December 24, Kayani was assigned to a single bench and was scheduled to hear cases at the Rawalpindi registry.

Five other judges were also designated to preside over single benches. They included Justice Sadaqat Ali Khan, Justice Mirza Viqas Rauf, Justice Muhammad Raza Qureshi, Justice Malik Javid Iqbal Wains, and Justice Syed Farhad Ali Shah.

Kayani Plans to Return to Legal Practice

During his judicial career, Kayani said he had disposed of more than 23,000 cases involving various legal matters. His resignation now brings that chapter of his career to an end.

He maintained that judicial independence, constitutional responsibility, and human dignity were essential to the office of a judge. He said he would return to legal practice after leaving the bench.

Kayani also expressed his intention to continue working for citizens’ rights and greater legal awareness. His resignation has renewed attention to judicial autonomy, constitutional reforms, and the relationship between the executive and Pakistan’s courts.

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