Please do not treat this chapter as a formal introduction of a book. No, it is all apologies and regrets. It is all apologies for having thought, written and expressed myself in such terms. Being an introvert, reclusive, neither social nor romantic I have plenty of time to think, rethink, evaluate, and extract principles from utterances of men, from views expressed in the distant past, from books, from everywhere.
There is a caveat (warning) which pervades through every word that I have written. I have tried to protect to the best of my ability the privacy and the dignity of every man as enjoined by Art.14 of the Constitution.
A remark that is still lurking in my mind me was published in a very reputed vernacular daily of Karachi quoting a very reputed known “aalim” (religious scholar) in whose name a very prestigious mosque was under construction in New York. The news was that I am “hamzulf” (brother-in-law) of the chief of Ahmadi sect so had written such a partial and dishonest judgment. This was followed by a leaflet, a longer one, citing more support equally false, equally repulsive, on account of its falsehood. For me, as a judge, it did not matter at all because from the beginning I was hearing that I am a foolish judge, that without a law degree I was in the Judiciary courtesy British Empire, that in spite of my experience as Law Secretary of integrating all the services of West Pakistan in separating the Judiciary from the executive I will bring in my bureaucratic dominance to the prejudice of the Bar as an institution and that being rootless I did not understand the importance of the tribes, their customs, practices, and expectations. What worries me most is that our fourth pillar, which is becoming more important and forceful should become so irresponsible as not to verify such factual materials.
Another incident I am writing about has not left my thoughts and probably will never. Whenever I am free of thought, wherever sitting, I close my eyes, think, and keep on thinking in all its variations about one question posed to me live on television by an anchor against whom I have nothing to say because now much worse are in the field. On a question, not of importance, I replied that I saw a building half was fully renovated the other was totally neglected. On my inquiry there I was told that the better looking was DC office, in the other Civil Courts was located. The very next question asked of me was can justice be not done sitting on a cot. I gave the usual reply, yes anywhere any time. Actually, I would have asked him “Where would you place my cot?”, but then I immediately thought I would be downgrading the level of discussion, appearing somewhat revengeful. I am telling you in confidence I will remain all my life with my cot looking for a place to establish it. What a pleasant activity after retirement, disabilities go on increasing and nothing else to do. What follows is my imagination.
- I place my cot in front of the presidency. The President enquires and is told that some deranged person saying he wants to do justice. The Presidents directs “take care of him and see to it he does not come back here”. Everyone knows that the expression “take care of him” has as varied a meaning as the relationship between the officer and the subordinate. I am directed to leave the place and never return. Obedient as I am, I follow the direction in all its details
- I bring my cot closer to Parliament. On coming to know of my mission I was told that do I not know that they alone are sovereign in country shouting all day, working all night, during sleep as well as in a dream. We will not like to share our sovereignty with anyone else. Non-combative as I am, slowly I move away. I always disliked living in War Zone.
- When I reached the Supreme Court I felt very safe and at home and when the judges came to know of my presence and what I was doing the judges deputed one of their officials to take me to a place from where I cannot come back till the beginning of the weekend. In politics this was called “Changa Manga” doctrine, good people to be taken there to be kept in the company of milder wild animals, but others with stronger human animals, till the purpose was served. The court official was very thankful to me for providing him one full day off from an office where working with the wisest of the wise was very boring.
- In search of the Police’s office I had great difficulty but ultimately found it. Knowing my purpose I was told that do you not how the man who appeared to admit that he had killed a hundred children by throwing them in acid was dealt with. I will be dealt with in the same way. I did not remember that. Then came to my mind two very recent events internationally shown on our TV. One was wherein a police force 45 well dressed in uniform follow a man leading them like a mascot revolving a stick in perfect style. Reaching a spot all stopped. The mascot smashed all the cars and walked back publicly appreciated by all of the superior ranks. The second was a government paid very small duration advertisement that police renders valuable service to the public and the public should show consideration for their services. The policeman communicating with me finding me somewhat confused said to me runway or this time you will be thrown into acid. I ran away because I was more afraid of acid than any other weapon in the world.
- Running, running and running I found a building which appeared to be familiar. I found it was FJA (Federal Judicial Academy). Then I remembered having in our talks about thirty years ago I had told that in Fatawa Alamgiri prepared with great care it was mentioned that that in Islam the practice was that whosoever was offered the post of Qazi expressed his inability on account of insanity but never the less he was put in prison to come out on death. Our Imam Abu Hanifa is a brilliant example of it. So I got the answer.
- I returned to my base and told the Anchor that I cannot do justice sitting on a cot because I am mad. The Anchor says you know you can be thrown in Prison for life. I tell him I know fully well but for that as long as you are in TV business you cannot become either a Sovereign or a Caliph. I am safe for my life. Islam and Aurangzeb came to my rescue. You will have to find a Caliph. If not, our next encounter will be in different quarters, none knows where.
Be serious now and onwards – Believe it or not
The first Indian Chief Justice Sir T Mathusami Ayyer. Born 28.1.1832 Appointed apprentice to village Karnam at one rupee a month. By the kindness and munificence of Tehsildar, he was able to learn English. His favorite author was Oliver Goldsmith and it is said that he read the Vicar of Wakefield for the fifty-first time one year before he died.
In his twenty-third years, he was appointed a tutor in the High School on a salary of Rs. 60 per month, then Deputy Inspector of Schools at Rs. 150. Three names were asked by the Government. Mr. Holloway suggested his name thrice. In 1868 he was appointed a Police Magistrate. When he was a Police Magistrate a native who had been thrashed by a European High Court Judge for alleged trespass into the latter’s premises applied for the summons against that official for assault. His Senior Magistrate later at the trial proposed not to insist on the personal appearance of the High Court Judge. But this Mathusami Aiyyar did not accede to. The result was that the High Court Judge had to appear and was fined Rupees 3 for breach of a law which he was to administer
On the 17th of July 1878, he was appointed a sub-portem judge of the Madras High Court after a brief term of office as Small Judge at Madura from July 1877 to April 1878. In 1891 he was appointed to act as Chief justice of the High Court. He was the first Indian Judge to have this honor in the Madras Province. He always walked into Court bare foot. It is a well-known fact that he was seldom inclined to award or confirm death Sentence.
Mr. Whitley Stokes in his general introduction to the Anglo Indian Codes stated that “of the judgments, none can be read with more pleasure and few with more profit than those of Hindu Mathusami Aiyer and the Mohammedan Sayed Mahmood.
All the above is from the Book Indian Judges by Mitter, Law Member Government of India. There is a statue of his placed in the precincts of the High Court. None worldwide has been so honored.
“Elizabeth coronation the following year brought Nehru back to London. He stayed at Claridges where Nehru aids eager to ensure that the trip went smoothly took the liberty of sending the prime ministerial pajamas to the hotel laundry service. When Nehru found out he rebuked the aid “Do you know that the laundry service in this hotel costs more than the price of clothes” he scolded. He proceeded to wash his own clothes in the hotel sink and even to iron his achkan neatly afterward. [p.297, Indian Summer The secret history of the end of an empire by Alex von Tunzelmzn. First edition]
In the year 1998 at the Award giving ceremony in the Presidency, I was sitting next to widow of late Akhtar Abdul Hameed for whom she was receiving a posthumous award. Late Akhtar Abdul Hameed was an ICS officer who left service and devoted all his life to help grass root level God-forsaken people and did a wonderful job. He received international recognition, was considered a pioneer in the field, established a model of rural development, first in Comilla, then in Orangi Karachi. He served as the beacon light for all those who were dedicated, sincere hardworking and not only wanted but actually did a lot for them. But then as we do not build the institution around people but dismantle institutions to personalize them, not much has been there to blow it to a national level. She of her own started talking about the austere, disciplined life that her husband lived. Only two pairs of clothes, one for each day, personally washing and making it tidy The American practice of pursuing a legacy is just not there.
Experiences of a Lifetime 