Justice Mohsin Akhtar Kayani resigns from Lahore High Court, says amendments compromised judges' independence
Justice Kayani quit the Lahore High Court on October 28 after nearly 11 years as a judge, saying executive control had eroded trust in the courts.
At a glance
- Justice Mohsin Akhtar Kayani of the Lahore High Court resigned on Wednesday, October 28, 2026, in a letter to the president.
- He wrote that the 26th and 27th Constitutional Amendments compromised the independence and integrity of the high courts.
- He also cited health and personal reasons, and said he will return to legal practice.
- Kayani joined the Islamabad High Court in December 2015 and was moved to Lahore this year under the new transfer rules.
- He was one of the six Islamabad judges who in 2024 accused intelligence agencies of interfering in court work.
Justice Mohsin Akhtar Kayani of the Lahore High Court resigned on Wednesday, October 28, 2026, saying recent constitutional amendments have compromised the independence of Pakistan's high courts. In a letter to the president he also cited his health and personal reasons, and wrote that his conscience no longer allowed him to stay on the bench. He said he will go back to practising law.
His exit removes one of the most prominent of the Islamabad judges who publicly challenged executive and intelligence influence over the courts over the past two years. It also follows a string of similar resignations since the 27th Amendment was passed.
What the letter says
Kayani aimed his criticism at two changes to the constitution. "In my considered view," he wrote, the 26th and 27th Amendments have compromised the independence and institutional integrity of the high courts.
He said the executive's growing control over judicial institutions, including how judges are appointed and transferred, has "seriously eroded public confidence" in the independence of the courts. He added that he had disposed of more than 23,000 cases during his career, and plans a "return to legal practice", through which he intends to keep serving the public.
The letter also refers to his recent surgery, so the resignation cannot be read as purely a protest; he named health, personal reasons and conscience together. Neither the presidency nor the government had publicly responded to his criticism in the reports available by Friday.
How two amendments changed a judge's job
| Amendment | When | What it changed |
|---|---|---|
| 26th | October 2024 | Chief justice chosen from a panel of the three most senior judges, for a fixed three-year term, with a larger role for parliamentarians in the choice |
| 27th | November 2025 | Created a Federal Constitutional Court; Article 200 changed so a judge's consent is no longer needed for a transfer between high courts |
For Kayani, the second change was personal. The Judicial Commission of Pakistan approved his move from the Islamabad High Court to the Lahore High Court this year, without his agreement being required. Reports differ on whether the move took effect in April or May, and on exactly where he then stood on the Lahore seniority list, but all agree he fell a long way: he had been the senior puisne judge in Islamabad, next in line behind the chief justice, and arrived in Lahore well down the order.
Eleven years, and a long fight with the system
Kayani was elevated to the Islamabad High Court in December 2015 after two decades as a lawyer. He was enrolled as an advocate in 1995 and qualified for the Supreme Court in 2009. On the bench he became known for human rights rulings, particularly in cases of enforced disappearance.
Three moments define his recent public record:
- March 2024: he was one of six Islamabad High Court judges who wrote to the Supreme Judicial Council alleging interference by intelligence agencies in judicial work.
- February 2025: he was among five judges who objected when Justice Sarfraz Dogar, transferred in from Lahore, was elevated as Islamabad High Court chief justice. Dogar took the oath a week later.
- 2026: Kayani and other judges challenged inter-high-court transfers, but the Supreme Court's constitutional bench upheld them.
He was due to retire in 2032, so he has given up about six more years on the bench.
The fourth senior judge to walk out
Kayani is not the first to leave over these changes. Supreme Court Justices Syed Mansoor Ali Shah and Athar Minallah and Lahore High Court Justice Shams Mehmood Mirza all resigned in November 2025, citing similar concerns about the 27th Amendment.
The government has defended the amendments as reform that clears backlogs and gives constitutional cases a dedicated court. Lawyers' groups and rights organisations have argued that they tilt the balance towards the executive. The practical question for ordinary litigants is who hears cases against the state, especially on missing persons, the kind of petition Kayani often heard.
What comes next
A high court judge's resignation is addressed to the president under Article 206 of the constitution. The Judicial Commission fills vacancies on the Lahore High Court through its normal nomination process, and no successor to his seat has been named. Kayani has said only that his next step is a return to the bar.
Questions people are asking
Why did Justice Mohsin Akhtar Kayani resign?
His resignation letter cites health and personal reasons, and his conscience. He said the 26th and 27th Amendments compromised the independence of the high courts and that growing executive control over appointments and transfers had eroded public confidence.
What did the 27th Amendment change for high court judges?
Approved in November 2025, it created a Federal Constitutional Court and changed Article 200 so that a judge's consent is no longer needed for a transfer between high courts.
