Pakistan judge Justice Kayani steps down citing government interference in courts

A senior Pakistani judge stepped down from his post on Wednesday, warning that growing interference by the executive branch and recent constitutional revisions have severely damaged the independence of the nation's superior courts.

Justice Mohsin Akhtar Kayani, who served on the bench in Lahore, submitted his resignation letter to Pakistan's president, stating that his conscience would not allow him to remain in office. The decision ends a judicial career spanning more than ten years, concluding well before his anticipated retirement date set for February 2032.

In his letter, reported by local media outlets including Dawn and Geo News, the jurist pointed to health matters following an operation alongside profound institutional anxieties. He argued that the 26th and 27th constitutional amendments had eroded both the operational autonomy and the institutional integrity of the superior judiciary. Kayani asserted that he had observed government authorities exerting broader authority over the courts, specifically pointing to how judges are appointed and relocated between jurisdictions.

Kayani expressed deep concern that ordinary citizens seeking legal remedy were being sidelined by a legal apparatus increasingly serving other interests. He added that the role of a judge cannot be separated from fundamental constitutional guarantees, autonomy, and human dignity. Looking ahead, he announced plans to resume private legal practice to advocate for civil rights and legal literacy.

The departure follows sustained disputes regarding inter-court judicial reassignments. Kayani was moved in April from the Islamabad High Court to Lahore after an endorsement by the Judicial Commission of Pakistan, a measure mirrored by the transfers of Justice Babar Sattar to Peshawar and Justice Saman Rafat Imtiaz to Sindh. The Supreme Court's constitutional bench later validated these relocations.

Prior to that reassignment, Kayani had been the second most senior figure on the Islamabad bench and an expected candidate to become its chief justice. Upon joining the court in Lahore, he dropped to 12th in institutional ranking and was not placed on a division bench. He and fellow jurists had previously disputed the discretionary scheduling authority used by Islamabad High Court Chief Justice Sardar Muhammad Sarfraz Dogar.

Kayani was also among a group of six Islamabad judges who sent a joint letter to the Supreme Judicial Council in March 2024. That communication raised alarms over alleged intelligence agency intrusion into judicial functions, citing instances of domestic surveillance and intimidation directed at judges' families.

Appointed to the bench in late 2015, Kayani resolved more than 23,000 legal disputes during his tenure, reflecting on his time on the bench as deeply meaningful while thanking colleagues and family for their backing.