THE resignation of Justice Mohsin Akhtar Kayani from the Lahore High Court is another indicator of the deepening disaffection within Pakistan’s superior judiciary. That a senior judge should feel compelled to relinquish office on grounds of conscience speaks volumes about the conditions prevailing under the new constitutional order. Justice Kayani has cited personal and health reasons, but his criticism of the 26th and 27th Amendments is telling. He believes these changes have compromised the independence of the high courts and strengthened executive control over judicial appointments. His own transfer from the Islamabad High Court to the LHC, which cost him his seniority, provides important context. His departure follows the resignations of Justices Mansoor Ali Shah, Athar Minallah and Shams Mehmood Mirza, who also expressed grave reservations about the constitutional changes. These are experienced judges raising key questions about the judiciary’s ability to function independently. Their concerns cannot simply be dismissed.

Equally important is Justice Kayani’s warning about the ordinary litigant, whose interests, he says, have been neglected. This deserves serious attention. For millions of Pakistanis, approaching the courts already means enduring delays, mounting legal expenses and years of uncertainty. A judiciary whose independence is questioned can only deepen their sense of helplessness. If citizens begin to believe that judicial decisions may be influenced by powerful interests, their faith in obtaining a fair hearing will suffer. The constitutional amendments were defended as measures to improve the administration of justice, yet the growing unease among senior judges raises legitimate doubts about their consequences. The government and judicial leadership must acknowledge these concerns and address them through meaningful institutional dialogue. An independent judiciary is essential to protecting citizens against arbitrary power. When judges themselves question whether that independence can be maintained, the country has reason to worry.

Published in Dawn, October 30th, 2026