'Conscience does not permit': LHC's Justice Kayani resigns, cites executive's growing control over judiciary

LAHORE: Lahore High Court’s (LHC) Justice Mohsin Akhtar Kayani resigned on Wednesday, citing personal reasons, including health concerns following a recent surgery, and “reasons of conscience”. In his resignation letter to the president of Pakistan, a copy of which is available with Dawn , Justice Kayani said it had been a privilege for him to serve at the Islamabad High Court (IHC) and LHC. “These years of judicial service remain among the most meaningful and fulfilling of my life. During my tenure, I have disposed of more than 23,000 cases of various categories, endeavouring always to uphold the Constitution, safeguard fundamental rights, and administer justice without fear or favour,” he continued.

However, he added, “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 stated that of particular concern was 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 had too often been neglected, while other actors had become the “beneficiaries of a system intended to serve them”, he said. “In these circumstances, my conscience does not permit me to continue on the bench. This is a painful decision, but it reflects my conviction that judicial office must remain inseparable from independence, fidelity to the Constitution, and the…