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
Democracy comes via balloting, not through rallies: Durrani
PART OF THE TEXT:
Quote;
ISLAMABAD: Information minister Muhammad Ali political colour. On the other hand the opposition parties are playing politics over judicial issue.
It is our belief dictatorial regime can not stay, he remarked. We will have to draw boundary lines to save the institutions from the politics, he urged. We will have to keep all the institutions including judiciary away from the politics.
Unquote
DOES THE INFORMATION MINISTER REALIZE THAT PAKISTAN ARMY IS ALSO AN INSTITUTION? HE TALKS ABOUT KEEPING ALL INSTITUTIONS INCLUDING JUDICIARY AWAY FROM POLITICS. WHAT ABOUT ARMY??? OR DOES HE CONSIDER PAK ARMY A POLITICAL INSTITUTION NOW!
The guy in the picture looks more like Dr. Amir Liaquat Hussain of the aalim online fame. That is, before he had the face-lift.
Shk, thanks for bringing this to notice. Do they have any shame left… After all those speeches of Quaid “Altaf Hussain” about women’s rights!!!!!
Amazing..
Totday Breaking news
MQM blocked Aaj TV, two other pvt channels telecast in Sindh
See the shameful act of MQM.
Surprisingly no one covered the shameful event of city council in which an MQM member is beating a woman member with his belt…!! One can clearly see the women rights champion in action in Karachi city council session..photo appeared in Jang frontpage yesterday.
http://img128.imageshack.us/img128/1627/citycouncilet5.gif
MQM’s Nazim from baldia beating a woman with his belt while she ducks for cover….
IF SOMEONE MISSED READING THIS IN DAWN; “PAKISTAN UNDER THE RULE OF A COMMANDO GENERAL”
ISLAMABAD, May 4: A middle-aged man missing since 2003 was produced in the Supreme Court on Friday in such a bad shape that the court ordered his immediate medical check-up.
“This skeleton of a man has a reward of Rs3 million on his head in the Red Book of our Interior Ministry,â€
P.S.
If anyone needs to be far sighted and support the independence of judiciary, it is the Chaudry Brothers.
You don’t need a crystal ball to see that the two of them will be lingering in jails for a very very long time somewhere in future.
When a elected Prime Minister sacks a General (Army Chief), the entire platoon of Corps Commander gang up to defy the legitimate order of an elected Prime Minister of Pakistan. They arrest the Prime Minister, overthrow an elected Government and reinstate the sacked General as the President of a Banana Republic.
When the General takes a similar action against the head of another institution which is none other than the highest judicial authority in a country, he demands that lawyers should not side with the Chief Justice and the Chief Justice should wait for justice from a puppet judicial council as no one is above law and everyone should take their grievances to the courts.
Why did the General not take his case to the courts when he got sacked? Why did he and his team of cronies pick up guns and invade the PM house? If his crony Generals supported him then why should the lawyers not support their leader?
Maybe in the General’s book, only those who carry arms have the right of might!
This is a test case of a turning point of a country’s destiny. Obviously a lot of people will try and sabotage this especially from Punjab. They are from the offshoots of the generation that sided with every master from the British times to serve and flourish. If it was for these people India would still be a colony of the British in order to get awarded titles such as “Sir” or Nawabzada”, etc
I agree with Malik Arif Najiali that irrespective of any fault of the CJ, every Pakistani should support the CJ and resist a military dictator or self proclaimed CZAR from making the judiciary a rubber stamp or a foot map for his office. It surprises me that these 3rd divisioner’s FA pass illustrate Generals play with the destiny of a nation or have played for 60 years after dismembering half the country and after loosing three wars. PMA Kakool should be renamed as “Boot Camp for Loosers – BCL”
Pakistan has a long and proud tradition of eminent jurists from minority communities. I am glad that Justice Bhgwandas is keeping thsi tradition alive and even more proud that as a nation we have turned a corner and are once again making this a Pakistan for all Pakistanis.