Judicial transparency

The resignation of a former puisne judge of the Islamabad High Court has stirred a debate within the judicial fraternity. Justice Mohsin Akhtar Kayani decided to lay down his robes and return to legal practice, citing personal reasons. However, he also penned a letter to the President of the Republic, stating that there were "reasons of conscience" behind his stepping down. Notably, this decision followed his recent, abrupt transfer to the Lahore High Court, where he lost his seniority and was placed 12th on the seniority list. The learned judge had always voiced his views independently and had frequently been in the eye of the storm for openly differing with the powers that be in the judicial corridors. Justice Kayani has the credit of deciding over 23,000 cases, and his superannuation was due in 2032.

The immediate trigger for his resignation appears to be his unexpected transfer to the Rawalpindi Bench, following a reshuffle at the High Court. However, the plot thickens as he made it a point to list his grievances against the hastily passed 26th and 27th constitutional amendments. Like many of his colleagues, he believes that these amendments have "compromised the independence and institutional integrity of the high courts". He was referring to the executive's growing influence over the judicial process in the wake of new legislation, as well as instances of alleged meddling in the affairs of judicial institutions. The parliament and the executive now even have a say in the appointment and transfer of judges - a shift that many judges believe to be unacceptable and contrary to the spirit of judicial transparency. Justice Kayani, therefore, wrote that this development has "eroded public confidence in judicial independence and the fairness of the judicial process".

The government and key stakeholders in the constitutional process must reflect and introspect on these critical observations. The need of the hour is to ensure that the organs of the state continue to function independently and that the transparency of the judiciary is preserved. The outgoing, independent-minded judge has left behind a valid point to ponder.