The transfer of Justice Mohsin Akhtar Kayani has sparked a debate over judicial accountability and the limits of administrative authority in Pakistan. He has been transferred to the Lahore High Court effective April 30, 2026. The transfers were approved by Acting President Yusuf Raza Gilani on the advice of the Prime Minister.
The transfers were made under Article 200 of the Constitution of Pakistan. The Judicial Commission of Pakistan (JCP) recommended these changes as part of a series of decisions regarding high court judges. Justice Kayani has been noted for his rulings in human rights cases, including a significant ruling that mandated husbands to return the entire dowry to wives in divorce cases.
Justice Kayani was elevated to the Islamabad High Court in December 2015. His transfer comes at a time when he has been a vocal critic of the 27th Amendment, which has implications for judicial independence. The Islamabad Bar Council expressed concerns that these transfers could be perceived as punitive measures against judges who challenge administrative decisions.
Reactions from legal experts:
- Chief Justice Yahya Afridi stated that the proposed transfers appeared ‘penal’ in nature.
- Hafeezullah Yaqoob remarked that the transferred judges ‘became victims of their own behaviour’.
- Barrister Qasim Nawaz Abbasi emphasized that transfers should not be used as a tool for victimisation.
- Minister of State for Law Barrister Aqeel Malik defended the JCP’s decisions, asserting they are in accordance with the Constitution and law.
The situation raises critical questions about judicial accountability and how administrative authority interacts with judicial functions. Concerns linger about whether these actions will undermine judicial independence or serve as necessary measures for accountability.