Pakistan's high court judge resigns, cites 'executive's growing control' over judiciary

Lahore: A senior judge of Pakistan's Lahore High Court resigned on Wednesday, saying the changes introduced through the 26th and 27th Constitutional Amendments have "compromised the independence and institutional integrity" of the judiciary.

Justice Mohsin Akhtar Kayani tendered his resignation to President Asif Ali Zardari, becoming the fourth judge of the superior judiciary to resign following the controversial amendments.

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Before him, Justice Syed Mansoor Ali Shah (Senior Puisne Judge, Supreme Court), Justice Athar Minallah (Supreme Court) and Justice Shams Mehmood Mirza of Lahore High Court resigned last year, citing similar reasons.

Former prime minister Imran Khan's Pakistan Tehreek-i-Insaf alleges that the Shehbaz Sharif government, with the backing of Chief of Defence Forces Field Marshal Asim Munir, has weakened judicial independence and concentrated power in the executive and military leadership through the 26th and 27th amendments.

In his resignation letter to the President, Justice 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."

"I have witnessed what I regard as the executive's growing control over judicial institutions, extending to the appointment and transfer of judges. Such interference has, in my assessment, seriously eroded public confidence in judicial independence and the fairness of the judicial process."

Justice Kayani voiced concern over the plight of the ordinary litigant, "who is the principal stakeholder in the justice system, yet whose 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. In these circumstances, my conscience does not permit me to continue on the bench," he said.

"This is a painful decision, but it reflects my conviction that judicial office must remain inseparable from independence, fidelity to the Constitution, and the protection of human dignity," Kiyani said.

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In April, the Ministry of Law and Justice had notified the transfer of Justice Kiyani and two other judges -- Justice Babar Sattar and Justice Saman Rafat Imtiaz -- from the Islamabad High Court as "they were not considered in the good books of the establishment".

The 26th Constitutional Amendment, enacted in 2024, increased executive and parliamentary control over judges' appointments and tenure in higher courts. The 27th Constitutional Amendment, signed into law by the President in 2025, paved the way for establishing a Federal Constitutional Court and changed how judges are transferred.