By Justice Markandey Katju–
(Justice Markandey Katju is a former Judge, Supreme Court of India, and former Chairman, Press Council of India. The views expressed are his own)
Qazi Faez Isa (pictured above) is the Chief Justice of Pakistan. I recently sent him a letter by email which has gone viral in Pakistan, and has even been mentioned in the Pakistani media (as informed by several Pakistani friends).
I reproduce the letter for the readers of indica news.
To:
Chief Justice of Pakistan
Islamabad
Mr Isa (I refuse to address you as Justice as you do not deserve that appellation), I am writing to you to tell you some bitter truths. You are a disgrace to the judiciary of the whole world, as you have shamelessly betrayed your solemn oath to uphold the Constitution of your country and protect the liberties and rights of the people of Pakistan.
You call yourself Justice Qazi Faez Isa, but you should give up that name and start calling yourself Justice Dramebaaz (Justice Melodrama).
Here is why:
1. You not have any quality of a true Qazi, like Qazi Sirajuddin of Bengal. In his book ‘History of Bengal’, Prof Charles Stewart mentions a case that was brought before Qazi Sirajuddin, the Qazi-e-Subah of Bengal in 1490, which displays what true justice is.
One day while the Sultan of Bengal, Ghiyasuddin, was practising archery, an arrow accidentally wounded a widow’s son. The woman rushed to Qazi Sirajuddin demanding justice. The Qazi was in a dilemma. “If I summon the Sultan to my court, he will punish me for impertinence. But if I overlook the Sultan’s act, I shall one day be summoned before the court of God to answer for my neglect of duty.”
After much reflection, the fear of God prevailed. The Qazi ordered an officer to summon the ruler to his court.
Upon receiving the summons, the Sultan instantly rose, and concealing a short sword under his royal garment, appeared before Qazi Sirajuddin, who, far from rising from his seat and showing the Sultan any respect, said to
him: “You have wounded the son of this poor widow. You must, therefore, immediately pay her adequate compensation, or suffer the sentence of the law.”
The Sultan made a bow and turning to the widow gave her a large sum of money, which satisfied her. After doing so he said to the Qazi: “Worthy judge, the complainant has forgiven me.” After ascertaining the truth of this, the Qazi then dismissed the case. He then came down from his seat, and made obeisance before his sovereign, who, drawing the sword from beneath his garment said: “O Qazi, In obedience to your command I came instantly to your court, but if you had not done your duty I swear that I would have taken off your head. Thanks be to God that I have in my dominion, a judge who acknowledges no authority superior to the law.”
The Qazi then took out a whip he had concealed under his robes and said to the king: “O Sultan, I also swear by Almighty God that if you had not complied with the injunction of the law, this whip would have made your back black and blue. It has been a trial for both of us.”
Mr Isa, I can understand you are afraid of displeasing the Pakistani generals (the real rulers of Pakistan), just like Qazi Sirajuddin was afraid of displeasing the Sultan. But the difference between you two is that the latter was even more afraid of displeasing Allah, before whom everyone has to appear on Judgment Day (Roz-e-Mehshar). For you, the Pakistani army is Allah, and there is none other. So your Kalma is, “La ilaaha il Pakistan army”.
You quote a lot from the Quran, but that is pure hypocrisy.
2. How can you be called Faez? ‘Faez’ means a favor or grace. But you are no favor to the people of Pakistan; rather you are a curse (laanat).
You list and hear old, infructuous, or meaningless cases, like that of Zulfiqar Ali Bhutto and Gen Musharraf, who are dead. Or, you the review a petition of the Faisalabad dharna case, in which hardly anyone today is interested. However, you do not list or hear urgent and pressing matters like the bail pleas of over 12,000 people arrested and incarcerated in jail in inhuman conditions on trumped up charges after the events of May 9, which many believe were stage managed.
You, and other like-minded ‘chamchas’ (sycophants) like Justices Tariq Masood, Aamer Farooq, etc, bow before the Establishment and do its bidding, like passing orders in favor of that dacoit Nawaz Sharif who looted Pakistan (as the Panama Papers and other evidence reveal), and whom the army wants to install as Prime Minister by hook or crook, instead of the people’s choice Imran Khan.
Far from being a Faez, you are a modern-day Judge Jeffreys or Roland Freisler.
3. Isa (Jesus) gave his life to save others, whereas you only believe in saving your skin from the wrath of the army, and have no hesitation in shamelessly doing their bidding. For example, getting a judgment of the five-judge bench headed by Justice Ijaz-ul-Ahsan holding trials of civilians by military tribunals illegal, suspended by a six-member bench headed by your sidekick Justice Tariq Masood.
Therefore, you have none of the qualities of a Qazi, or a Faez, or an Isa.
You misbehave in court, and have none of the dignity, serenity and tranquillity required of a judge.
But you certainly have the qualities of a dramebaaz, as revealed in you refusing protocol, an official car, a guard of honor, and your description as ‘Chief Justice’.
So I am calling you Justice Drameabaaz from today, and request all Pakistanis to do the same.
Justice Markandey Katju,
Former Judge, Supreme Court of India
