On retirement, farewell address for the judge with the full participation of the Bar is an institution. In Pakistan, like other institutions, it has been, regretfully, individualized. At times, a judge decides to keep away from such a reference without disclosing the reason. Sometimes the Bar refuses to participate in such a reference. All sorts of speculations follow, none commendable for the Bar or the Judiciary. As an institution it is supposed to be an evaluation by the judge himself, and a galaxy of lawyers, of an era with the retiring judge as the centerpiece. Dignified, graceful, outspoken, with a touch of humor here and there, the role of the judiciary, the Bar and the media is reviewed, a plan for the future suggested and a professional oversight ensured. A replication of it on the streets of the country or in the media is graceful for none.
On my retirement wildest allegations were made about my religious belief, about my honesty, about my capacity and competence to act as judge of any court, allegation sufficient to justify my instant killing, the assailant assured of paradise whenever he leaves this world. I do not want to produce all the literature that was showered on me. I only reproduce what was said at my farewell address. One of the senior lawyers who had worked with me on a few tribunals of the Bar and Bench, and was on that date Vice Chairman of the Bar Council, came out to defend me in the following words in spite of being a counsel in the case opposing my views.
“The decision of the Hon’ble judge has been severely criticized in speeches and articles got published in the press by some religious leaders. Having come across such publications I took serious note thereof and instead of making this delicate matter a public issue I am thankful to ALMIGHTY ALLAH, in enabling me to remove the misunderstanding in mind of some important ulema and to some extent checking the criticism and adverse propaganda…”
The second hit that I received was from the Government itself. One of my relatives from India wanted to visit me. He was refused visa in spite of commitment of earlier government to grant visa to 12 persons wanting to share my grief. I made effort with High Commission. He got visa but did not arrive. A Police Inspector did come with a paper that my guest should be kept under strict watch while in Pakistan. I then realized that my whole family is also under such a watch.
I was maintaining a foreign currency account. Significant reduction in value of dollar was announced. The majority had to submit to it. A large window was kept open for kith and kin and friends for making a windfall profits out of it.
Whatever remained of the foreign currency account was sucked in by State Bank on account of not keeping the account operational from abroad. Now I am asked to come to Pakistan to get my account restored, that I will do when I have the courage to face death at human hands.
Four events which happened when I was finally leaving for USA in 2010 require mention. First the Manager Dhundi Estate who served under me in 1953 called on me to tell me that he is facing an inquiry for making benami purchases in the name of his relatives while he was posted under me there in 1953. No help was sought from me.
Second, a police officer of DIG rank in 1976 whom I had convicted for contempt of Court and sentenced to six months imprisonment appeared to tell me that he, in fact, he did not violate the order of the court but was obeying the order of superiors to bring the three detunes to Rawalpindi, not knowing at all that they were to be detained in Dulai Camp. He had by then retired as Inspector General of Police of one of the most important provinces.
Third, a person came to get from me recorded a second review petition after about ten years telling me that he has been assured more land if he filed one. First, I explained to him my physical disability to do so because my luggage was loaded on container and I was to vacate the house to move over to a rest house. He undertook to provide every facility for removing all such disabilities. Finally, I declined saying that I am not in a mental state to write such a petition.
Fourth, when one VIP was nominally removed from the official dictionary of Pakistan, three Protocol Officers were introduced, one for the Chief one for the serving one for the retired. One large car removed was replaced by two bulletproof cars or one helicopter. I happen to fall in the hands of third-grade protocol officer, named or unnamed, that did not matter. He handed me two passes at the departure airport, one for the passengers and the other for the luggage. The passenger boarding dropped us at SFO (San Francisco, USA). The luggage tags were destined for FCO (Rome, Italy). The four bags were intercepted and detained in Paris. We got them four days after, one containing electronic equipment ripped open, all electronic equipment removed to disappear. Data still not considered a valuable commodity.
Soon after my retirement in 1994, I was called upon to assist the Government in few matters. The Local Bodies law was being drafted. I told them that I can undertake the work only if Local Body is given protection and permanence as substantive provision rather than as then included in Principles of Policy in the Constitution. Second, some provision is made for their sustenance and survival if finances are not made available to it or delayed. I kept away because no such assurance was forthcoming.
I was shown the NAB Ordinance which was still to be signed by president and asked to make any suggestion and take up the appointment. I told the President that as an Ordinance it will be short-lived, the permanent law may be quite different. I would rather wait for the final law. The alternatives suggested by me for the interregnum were not accepted.
I was then offered the position of Rector of Islamic University. I told the President that I don’t consider myself a fit person to take up that appointment.
Before I conclude, a caveat. Those concerned, at times ask me about the separation so much advocated by me and required by the constitution, not succeeding in practice. I want to make it clear that the Supreme Court did not allow even my shadow to come close to separation question, maybe to keep the purity of the Bar untarnished. There were about 150 experienced magistrates available with trained staff and spacious courtrooms for a smooth change over. Instead, the record was received, accommodated at odd places. Civil judges lost control over police even after getting a load of police cases. Now the Bar reigns supreme, on the streets, in courthouses and in their Bar rooms.
Dr. Justice Javed Iqbal in his autobiography on page 180 writes “occasionally it happened that the nominees of Chief justice, Chief Minister, Prime Minister, Governor or armed forces premier were recruited in the subordinate judiciary…” and on page 181 “The Advocate General advocated this method in Supreme Court”. On May 2,2019 daily Dawn published a Bar Council resolution asserting “those hardly enrolled as Advocates were being appointed as Judicial Magistrates. —the lawyers were being threatened to face contempt of court proceedings when they complained against the incompetency and corruption in the District Judiciary”. Who, how, and when one does test the primary requirement of a judge or a lawyer— to be a gentleman first, and to be a gentleman next.
Experiences of a Lifetime 