Nothing outside constitutional framework is acceptable: Justice Kayani

ISLAMABAD: Justice Mohsin Akhtar Kayani, a judge of Islamabad High Court (IHC) on Tuesday remarked that all actions must remain within the ambit of the constitutional framework and nothing outside the constitutional framework is acceptable.

Justice Kayani made the remarks while addressing the Islamabad High Court Bar Association (IHCBA).

In his address, he stressed upon the need that the system is facing many problems, including missing persons, stating that he wants every Pakistani to believe that their rights are protected. He maintained that all actions must remain within the ambit of the constitutional framework and nothing outside the constitutional framework is acceptable.

One of the key features of his address was the discussion on the 26th amendment, which he revealed was brought forward after “a letter.” While he chose not to discuss the letter again, Justice Kayani remarked, “A letter has changed the entire system of the country.”

He said that the petitions against the 26th amendment would be heard in the full court, adding that this issue would be resolved for the survival of the people of Pakistan and the system.

He also emphasised upon the independent judiciary, saying, “We need independent judges, who will maintain the sanctity of the judiciary. People’s hope today lies in the judiciary, parliament, and media.”

Justice Kayani said that he had requested the chief justice of the IHC to call back the judges appointed on deputation in Islamabad judiciary. He added, “We will soon send back the judges who came on deputation from outside Islamabad and appoint our own judges from here.”

He emphasised that future judicial appointments would also be made from Islamabad, addressing concerns that external appointments undermine the rights of the local judges.

Justice Kayani also called for a strong and independent media and added that they needed a strong media that put everything in front of the people. “We also need a strong bar from which judges can be selected,” said the judge.

He praised the Islamabad High Court Bar Council and Association for their commendable struggle and urged the federal government and the Ministry of Law to expedite the construction of the District Bar Complex. He said, “It is a long-standing desire that the project should be completed by 2025.” He urged the authorities to prioritise the matter without the need for further appeals.

He also urged the citizens not to lose faith in institutions, even in the face of constitutional amendments, saying that even if there is a 26th Constitutional Amendment, you cannot be disappointed with the institutions. He added, “Only with the correct interpretation of the law, we can see Pakistan on the path of progress.”

In a personal note, Justice Kayani shared advice from his mother, saying, “My mother had said that if someone praises you, do not become arrogant.” He humbly added, “I do not consider myself worthy of the words of praise spoken about me.”

Justice Kayani concluded his address by emphasising the importance of unity and dialogue, urging the bar members to foster camaraderie. “Keep inviting people for tea, invite them for food so that resentments will reduce,” he said, highlighting the need for harmony within the legal community.

Copyright Business Recorder, 2025