Pakistan’s Judicial History and Acting Chief Justice Rana Bhagwandas

Posted on March 24, 2007
Filed Under >Adil Najam, History, Law & Justice, Minorities, People
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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:

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

64 responses to “Pakistan’s Judicial History and Acting Chief Justice Rana Bhagwandas”

  1. KAWA1 says:

    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”

  2. Lawyer says:

    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.

  3. Malik Arif Najiali says:

    If this time judiciary does not protect itself, in my opinion they are not deserving to sit in their offices as “munsif” and public should throu them out! Even if Ch Iftikhar had committed any sin or mistake that is not countable, the matter is institution. AND the person (Gen. Musharraf) who ruined the institution and national image must be counted for. NO MERCY FOR HIM.

  4. KAWA1 says:

    Babbi, good point.. don’t know where we’re heading. I do agree this religious madness has to stop, if not only to pacify the West (because they will never get pacified…)but at least to bring stability in our country. It is crazy!

    I hope democracy is restored so that people get their minds involved with the politics rather then religion! It is much better when people shout “jey Bhutto or jey Nawaz Shareef or slogans of another party’ rather then “Kafir or non kafir, Shahadat or hell!!”

  5. babbi says:

    Thanks Kawa1 for your detailed evaluation of the situation.

    Yes, I do believe it is the west who will never get satisfied with whatever and whoever we condemn and they will continue to look towards Pakistan the way they had been.

    The greatest problem is that if it is a christian belief that says to preserve Israel and to defeat muslims in the ultimate fight, it will never be considered by the world as religious fanaticism but will be considered as Powerplay or Politics.

    But when these madrassahs or extremists do such kind of acts the west immediately screams that it is religious terrorism and then complimented by our politicians’ wrongdoings and stupidity, makes our lives miserable. Let it be our political stupidity and not religious fanaticism that turns on the west.

    Dr. Hoodbhoy while on the interview in America said that he got a round of applause while delivering the speech on Nuclear non proliferation but when he spoke about Palestine, Lebanon, Iran etc everybody there went silent. Even the newspaper quoted his speach about nuclear arms and ignored his comments on middle east situation.

    to sum up, I beleive that religious fanaticism and other such acts should not be tolerated at all in the name of Islam: Islam is not what the muslims are doing, neither christianity is what Christians do.

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