Adil Najam
The swearing in of Justice Rana Bhagwandas as the Acting Chief Justice (ACJ) of Pakistan is not a ‘historical’ event in and of itself. However, Justice Bhagwandas now has a historical opportunity before him to influence the both the history of the institution he represents (the Judiciary) as well as the history of the country.
First some points of context:
- This is NOT the first time that Justice Bhagwandas has been the Acting Chief Justice. Indeed, as the next most senior judge on the Supreme Court, he has been called on to take this role before. Regular readers of ATP would remember seeing his picture here back in January in relation to a decision on Basant that he had then given, also as ACJ.
- Remember that he is the ‘Acting’ Chief Justice; the assumption and the point of fact being that Justice Iftikhar Chaudhry is still the Chief Justice.
- Even if he were to be appointed the Chief Justice eventually, he would not be the first non-Muslim Chief Justice of Pakistan. In fact, Justice Alvin Robert (A.R.) Cornelius served on the Supreme Court of Pakistan for 17 years, nearly 8 years of those as Chief Justice. Indeed, he is widely regarded as amongst the most respected and well-known Pakistanis to have held that office.
Indeed, it is a little disconcerting that his taking over this office – which was the procedurally appropriate thing to be done – is raising such attention. It is doing so, partly, on the assumption that the appointment of Justice Javed Iqbal as ACJ before him had some sinister purpose. Largely, it is because most Pakistanis have only just realized that Justice Bhagwandas is a practicing Hindu, and there are clearly those who want to make this an issue, even questioning his appropriateness for that reason. It is also, I think, that people’s faith in the judicial process is so low that they assume that he will soon, necessarily, assume the office of the Chief Justice. (It should be added that he is slated to retire at the age of 65, which happens this December; Justcie Iftikhar, on the other hand, does not retire till 2013).
Justice Rana Bhagwandas is – as, in fact, was Justice Javed Iqbal before him – considered to be a highly respected judge of high intellectual caliber and personal integrity. Born in 1942, Justce Bhagwandas became a lawyer like many other educated Sindhi Hindus and also has a post-graduate degree in Islamic studies and is considered an expert on constitutional law. He was a practising lawyer for about two years before being appointed to the bench in July 1967; he became a judge of the Sindh High Court in 1994; and of the Supreme Court in 2000. A challenge to his appointment to the higher judiciary on the grounds that he was a non-Muslim was dismissed by the Sindh High Court in 2002.
It is (a) because the prescribed procedure was followed here in his appointment, and (b) because he is a highly respected judge and a constitutional expert, that one should focus on this appointment. He is obviously aware of the historical decisions ahead of him. His first statement after taking his oath could be misconstrued as over-enthusiastic but one would like to believe that there is no hidden message in this statement and he is merely being diplomatic. According to The News:
Acting Chief Justice of Pakistan (ACJP), Rana Bhagwan Das has said that the presidential reference against Justice Iftikhar Chaudhry would be dealt with adequately. Talking to the media after taking oath as ACJP, Justice Bhagwan Das told that the Supreme Judicial Council would be taking a decision on the issue of holding the hearing of the reference in open or in camera. He said that the judiciary would not disappoint the people and the nation would soon hear the good news.
The history of the Pakistan Supreme Court and of Justices in this situation is a ‘busy’ one. Too busy, in my opinion. But it is not an even one. There have been shameful examples when the courts have allowed themselves to become tools in the hands of military and political leaders; but there have also been times when the Justices have made the nation proud by standing up to all pressures and deciding solely on the merit of the cases.
Judges, of course, love to hear about precedent. Here, the precedence lies in both direction. The question is, which precedent will Justice Rana Bhagwandas follow?
For anyone interested in the history of the Judiciary in such cases – both good and bad – do watch this very informative BBC report on the subject.
http://youtube.com/watch?v=_gE39xhnm0w
Sohail, of course I am against breaking law. But the problem here is to distinguish between the scale of crime. A grain of sand and a mountain are not equal. When you consider the blunders carried out by the ruling elite (like the division Pakistan, the plundering of national resources, the criminal negligence regarding the welfare of ordinary citizens), and compare it to non-issues like the madrassa walas. Are these even comparable? You be the judge. All I am implying is the bigger crime must be punished before the smaller one…..isn’t it logical?
KAWA1, I like and agree what you say about ” I think everyone in Pakistan should have an open right to bring forth their views, may it be as ridiculous. We as a nation should have the patience to listen to all opinions.”
As long as we also agree that no mater who is in goevrnement NO ONE has the right to take other people hostages just because they do not like their morality. NO ONE. A dictatorial government is bad and we must all oppose it as we have again an again here, but it is no excuse for crimanal and inhuman behavior like what we are seeing in this ase of taking a woman hostage.
Sohail, unfortunately a country ruled by dictators will always split into religious, ethnic and sectarian divide. Freedom of expression is a natural trait of every human being and cannot be choked. When people get tired, they look for other avenues, such as religion, race and baradiry for comforts. People who turned mullah’s were very much people like you and me.
I agree that the maulvi’s will start dragging the current acting CJ on religious grounds. However have we not seen CNN or Fox to see how even the religious right in USA does the same thing in the greatest democracy. They constantly threaten judges who belong to different ethnic backgrounds and pressurize them to give verdicts that suit their hard core Christian belief’s. However the system works and protects the the judges. Dare not anyone ever gets close to the judges to harm them. They are protected as much as the President of United States. I think everyone in Pakistan should have an open right to bring forth their views, may it be as ridiculous. We as a nation should have the patience to listen to all opinions.
Violence erupts when you try and cut off people by force and choke their opinions. I should respect your opinions (religious or not), you should respect mine (whether you agree to disagree or disagree to agree) and likewise we should respect the maulvi’s rights to their’s (and you and me will definitely disagree).
Jabir, not sure if I follow your logic.
Yes, the priviliged corrupt class is breaking laws. Does that mean that it is OK to let these madrassa wallas take teh law into tehir own hands and apply these Taliban like tactics.
Since this site has been writing so many things against the priviliged class breaking the laws (all these stories about the CJ crisis, about the Ministers car accident, about Wasi Zafar, about the Nirala thing) isn’t it hypocritical not to write about the hooliganism and breaking the laws by the madrassa people? Why doesn’t this site also write about their bad behavior if it writes about the bad behavior of ministers? Who are they trying to protect these religious fanatics?
If you are against breaking laws should’nt you be against breaking the law by anyone!
Sohail, you are stretching things here. Pakistan was made for Pakistanis not a privileged corrupt class who has turned it into their hunting ground. What maddrassa wallas are doing is wrong, but at the same time what they are asking for is right. Don’t forget its Islamic Republic of Pakistan, not a western country whose capital is scattered with brothels.
Once Late Nawabzada Nassrullah was asked, during an anti govt movement, that why is he backing off at a critical point when the genie of people is about to appear. He answered the genie will surely come out but who will put it back in the bottle?
That genie is a result of inept, corrupt elite of Pakistan. Inner and outer forces have created the situation where it is a very real possibility that this genie might come out. That is why even opposition is playing it low.
You are shouting that these madrassa are taking law in their hands through hostage crises. Right. But don’t forget the whole nation is hostage at the hand of a dictator. Don’t you find it illegal? Looting of national strategic assets (like steel mills) is not illegal? Hope you understand the situation.
The country seems to be going nuts. These madrassa students are now taking the law into their own hands and as vigalante holding people hostage … who teh hell do they think they are…. an I wonder what will happen if that case is ever brought before this chief justice our fundamentalists will then make his religion the issue… poor guy, he is in a tough spot here and things will certainly get hotter for him as these religious type will certainly drag his religion into things.
I think the way to look at this is that whatever happens next it is a victory for people of Pakistan. The government backed down, even apologized and hopefully has learnt that they cannot push Pakistanis indefinately.
Wasif so this means that these army people always want to come into politics.
Guess what they would be doing in Army and Guess how would they be pressurizing Mr. Bhagwandas.