Judge, jury and executioner
By Maheen Usmani | | 7th October, 2011
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Pakistani lawyers chant slogans in favor of Mumtaz Qadri, the assassin of Punjab's governor Salman Taseer, during his appearance in a court in Islamabad, Pakistan on Wednesday, Jan. 5, 2011. – AP File Photo

Once upon a time we were privileged to have barristers and lawyers like Justice M.R Kayani, Justice A.R Cornelius, Justice Dorab Patel and Mohammed Ali Jinnah- men who were the very embodiment of brilliance, hard work and gravitas. They were circumspect in their personal as well as public dealings and were a credit to the nation. Now our icons of the past must be turning in their graves at the unsightly spectacle of  furious lawyers attacking and ransacking Judge Pervez Ali Shah’s courtroom in Rawalpindi because of their opposition to the death penalty handed down to Salman Taseer’s assassin Mumtaz Qadri.

Aside from the religious sentiments being provoked of such ‘Aashiq e Rasool’ (lovers of the Prophet) amongst the legal fraternity, this situation begs the question: if lawyers themselves do not respect judicial verdicts, then who will? Are they not bound by the tenets of their profession to pay heed to court decisions? Surely, discipline and dignity are the two essential pillars upholding a major state institution like the judiciary. Far from being censured and suspended for their ridiculous behaviour, the District Bar Association has asked for Judge Pervez Ali Shah’s transfer because “it can create a law and order situation.” Lawyer Farooq Sulehria has proclaimed that lawyers would boycott Shah’s court because of the “unacceptable” sentencing.

Now this is mind boggling stuff. Lawyers are refusing to accept a judicial verdict because it collides with their personal religious beliefs. How then can they profess to be custodians of justice and the epitome of neutrality and objectivity? Why is the Bar Association kowtowing to such obnoxious behaviour? Are they too lily-liver’d to rein in frenzied members, or do they also believe in their “cause?” Based on TV interviews and statements, it has been established time and again that Salman Taseer did not say anything against the Prophet (pbuh), but in fact he said he respected the Prophet like all Muslims. Taseer expressed support for blasphemy convict Asiya Bibi and opposed the implementation of the blasphemy law since the majority of the cases so far have been motivated by enmity. Hence, Mumtaz Qadri’s justification of blasphemy for murdering the late governor in cold blood does not stand in court. How low lawyers can stoop to grind their own axes was visible during the case when Salman Taseer was subjected to a disgraceful character assassination because the case for the defence was so weak. What do a man’s marriages or lifestyle have to do with his murder?

Naturally, members of religious parties have been hailing Qadri as their hero at massive rallies, because they are indoctrinated, immune to logic and after all this is their bread and butter. But since when have lawyers joined these militants who have blood in their eyes and froth on their lips?

In retrospect, there are bittersweet memories of the Lawyers Movement which galvanised Pakistan in 2009. These very same lawyers and their Chief Justice garnered support from almost all Pakistanis because people applauded the courage of one man to stand up to a system in front of which so many have caved in. Lawyers were garlanded and cheered as they marched for justice through the sweltering heat. When the Chief Justice was restored, there were celebrations galore and an overwhelming camaraderie brought on by “peoples’ power”. How ironic then that today when another brave man has stood up for truth and justice, he has been hounded out of office by his very own colleagues.

Justice Pervez Ali Shah saw the frenzy of the religious right every day during the closed door hearing in the high security Adiyala prison as trucks of supporters shouted full throated slogans and embraced Qadri. The judge knew there would be hell to pay if he did not release Qadri. Yet he upheld the dignity of his office by giving the right verdict: guilty as charged. How ironic then that instead of supporting their valiant colleague, lawyers are showering rose petals on Qadri and kicking apart Shah’s courtroom.

It beggars the mind that things in Pakistan have come to such a sorry pass. Increasingly, it seems that it is no longer a country for sane men. Even the cleric who led Salman Taseer’s funeral prayers has been forced to flee the country after constant threats to his life. Taseer’s son, Shahbaz, who appeared in court for the prosecution, has been missing for more than a month and there are reports of his release being sought in exchange for freedom for Qadri. Who then can blame the Taseer family for their guarded silence after the guilty verdict?

When the death penalty was handed down in the Sialkot lynching case, it seemed like a ray of light on the dark horizon and justice for the bereaved family of  Muneeb and Mughees. One was jolted back to grim reality when the main culprit, SHO Rana Ilyas, who was filmed during the lynching, was given bail when he filed an appeal with the Lahore High Court. One may well ask whither justice then for the aggrieved in Pakistan?

Another puzzling question is why do we express so much concern about the rights of Muslims in other countries, be it Palestine, Syria, Bahrain, Kashmir or India? How well are we treating our fellow Muslims in Pakistan? All one needs to ostracise, maim or kill another here is to have him or her declared an Ahmadi or a blasphemer or a member of a religious minority.. take your pick.. and self appointed standard bearers of Islam pop up like magic, wielding axes, guns and batons and hurling abuses. This vile madness is consuming us all and making us a stranger to one another. Our diversity should be our strength, not our weakness.  To add to the maelstrom of disease, natural disaster, corruption and inertia devouring Pakistan, one can add that justice has also become a commodity to be bartered and many of it’s practitioners are truly a disgrace to the noble profession. To have dispensers of justice applauding murderers is truly the stuff of nightmares.

Maheen Usmani is a freelance journalist. She has reported on varied subjects, ranging from socio-political issues to sports, travel, culture and counter terrorism.

COMMENTS

  1. Maheen,
    You are blessed with the gift of wisdom. Please take care of yourself. The system could not even protect the Governor and you are a journalist only.
    Unfortunately you live in a illiterate society, who are the worst of the worst.

  2. I have only ever made one prayer to God, a very short one: "O Lord, make my enemies ridiculous." And God granted it. – Voltaire

  3. Very well written representation of the sad truth that poisons our country

  4. Lots of emotional and Linguistic Intellect used in that article. I don't know thus far what is right and what is wrong. May Our Problems be solved.

  5. excellent article miss maheen, we all our concerned about the state of affairs in our society

  6. How many lawyers are lawyer by their own choice? Most of Pakistanis have very simple priority, which translates as Doctor/Engineer – CSS/Military – Business/commerce – BSc/MSc – Lawyer – teacher. So what do we accept from below average ones.

  7. Brilliant article Maheen..To think lawyers supporting killers..A very dangerous proposition ! Thks for highlighting the truth..as always.

  8. Great reads.

    Read Irfan Husain's article as well.

    Before the Taseer assassination I used to argue with folks that extremism was just a fringe, or minority, or just uneducated folks.

    But sadly the reality is, there is an atmosphere of religious intolerance and condoning of extremism mob violence amongst all of our classes.

    Be it the lawyers or the internet commentators that still turns a blind eye to roaming local militants.

  9. Great piece…such articles should be published in urdu too !

  10. I am happy to see that Pakistan do have, though rare, good and unbiased generalists like Maheen Usmani. I wish she continues to talk reasoning.

  11. Maheen

    your fault is that you are thinking through this logically.

    we as a nation are the lowest of the low… we use religion to further our means and are the biggest hypocrites. not only are we illiterate in the ways of the world, but know the least about our religion also (even though we claim to be its saviors)

    Thank you for the article i do agree with your sentiments

    an ashamed pakistani.

  12. Hats off to the writer for expressing the 'low-evil-society' dilemma completely in a nut-shell

  13. Great! Maheen,
    Well thought and a well written article. If the custodians of
    justice are behaving in such an irrespectful manner, at whom the
    public will look for justice. The people are diseased with the
    bacteria of extremism and intolerance, that is multiplying day by day. May Allah help Pakistan.

  14. When lawyers violate what they are expected to uphold and protect, that is the rule of law, they should be disbarred. They are incompetent and incapable of defending or prosecuting anyone. I am hoping the Bar Council will take a strong action against these hooligans!

  15. many thnx for writting. hope it wjll hv impact

  16. a very good read telling us the truth…well done…

  17. Relegious fanaticism has to end in this poor country otherwise we'll doom!

  18. Great write up. I agree with the author. We should also remember that the lawyers are also product of the same society and share all the hypocricies etc. Only if we didn't have Zia's era!!

  19. A truly horrifying state of affairs. Do we have a Kemal Attaturk waiting in the wings? If not. Lord help us.

  20. While referring to the Chief Justice, the writer admires ” the courage of one man to stand up to a system in front of which so many have caved in." So what is this "courageous man" doing now to ensure that those who are threatening Justice Pervez Ali Shah are put in their place? He was able to "stand up to a system," when he had no powers. It must be much easier for him to stand up now that he has the powers. Why is he not doing it?

    Siddique Malik, Louisville, Kentucky, USA.

  21. Good article, Maheen. I would like to know what the Chief Justice has to say on this issue. Why is he silent?

  22. Thank you Maheen… by potraiying such God fearing and honest feelings to this dead nation is truly a service to the country. In my opinion anyone who writes against the mishaps that happen in this country serve miles better than our useless , bodiless and devastated political system.

  23. A very well written article.
    If lawyers who are suppose to be educated people behave like this then this only highlights where we are as a society.

  24. Thanks maheen for writing such a great article

  25. While I really appreciate the article, something about it is bothering me. The author says that Taseer never actually committed any blasphemy. The moot point is, had he actually committed a blasphemy, would his murder by his body guard then been justified? Or, would the lawyers' protest at his death sentance be justified? The answers to these questions will actually determine if Pakistan can extricate itself from it's current predicament or not.

  26. Thank you Maheen, I salute you. I was a lawyer many year ago when I lived in Pakistan. I could never imagine that these professionals who are supposed to know the law, can lower themselves to this level. These people are a shame for the whole nation, and they should be expelled from legal profession, their licensees to practice law should be confiscated. Instead of upholding the rule of law, they are upholding the law of jungle!!! what a shame. is our celebrated CJ going to initiate a Suo Motu action for these element???

  27. ALL lawyers do not support this. only an incredibly vocal mentally deficient part of the community. its the same as the extremist/terrorist threat that Pakistan is being tarred with internationally. Everyone, teh author, and all those commenting should not make generalized statements.

  28. It is the business of every Muslim to mind other peoples' business as fas as faith is concerned ……….. so are the lawyers doing. Now it is the way of thinking whether they are good or bad.

  29. A very pertinent article on the state of affairs in Pakistan. Unfortunately the lawyer organizations are too scared to condemn the hooliganism of the lawyers. Still waiting for the secular parties to condemn what happened to the respected Judge's courtroom.

  30. Miss Maheen !!
    Answer a question plz
    is profession higher than the religion? :)

  31. A great write up maheen. You have marvelously pointed out all the pertinent details related to the hypocrisy of this facade called lawyers movement. Keep up the good work.

  32. I so agree with you. These are the questions every liberal minded pakistani would ask. There should be no one above the law. This man Mumtaz Qadri should be hanged to death as soon as possible. We didn't fight for a free judiciary to see this day. People are so intolerant here without understanding the matter of Asia Bibi case, they finalized that Salman Taseer spoke against the law. brain washed people who do not understand their own religion. No one should have fear in his mind to support the truth specially the people with authority!

  33. BINGO!!!!!! Maheen hits it on the head, yet again. How low can we go before we realize we are heading for train wreck?

  34. As long as we have people like Maheen opposing these religious thugs, there is still a ray of hope in Pakistan.

  35. Excellent article Maheen … Thank God we have intellectual and brave people like you in Pakistan… "indoctrinated, immune to logic and after all this is their bread and butter…" brilliant! that really sume it up! Thank You!

  36. Thought provoking article. What a crying shame that the Bar Association does not have the guts to punish these lawyers!

  37. This kind of writing is the truth. And only the truth can get Pakistan back on the track.
    Now different kinds of mafia plays different role to regulate the society.
    Last thing we need is a lawyer mafia divided i to different sects.

  38. An excellent bit of journalism Maheen. Erudite and honest. Thanks for showing us that there are people of Pakistani origin such as yourself who reject this indignity and embrace sanity. Keep up the good work.

  39. Beautiful article.Stay firm come what may.They are sowing a seed to ransack court rooms for UNDESIRABLE VERDICTS.What a way?

  40. Good article. And rightly pointed out Lawyer attitude towards their own court.
    Where is Imran Khan with his standard mantra "No one could be judge, jury and executioner at the sametime"

  41. @writer,
    too good article,
    @all commentors,
    im very pleased to read your comments, that atleast there is no insane among us who supports that murderer qadri…
    I dont know who are those animals who are supporting qadri

  42. I have read whole article, line by line and lastly all comments.
    I appreciate that all commentator are expressing their views with out fear and favor. But one thing surprised me that no body has tried to figure out the real problem, the extreme religious fanaticism. This religious fanaticism has already ruined the Pakistani society. It is not only the lawyers, but all political parties, religious or other are backing the lawyers and shouting the release of a murderer. It is the time for the people of Pakistan who believe in the rule law to think once again what is waiting for them if they do not check or oppose these people who do not understand simple logic. Murderer must be punished.

  43. I hope some of those shameless lawyers are reading this blog. Well written blog once again Maheen.

  44. well said maheen, this bench don't represent lawyers community, lawyers are represented through Bar associations, from Supreme Court Bar to lowest level no bar endorse brutal act of Qadari, there are one lac plus lawyers, only fews are there with this kind of support like any other community, can u refer any notable lawyer or Bar representative to support Qadari? be sure lawyers always stand with rule of law & constitution…..yea still there is lot of lawyers following M.R Kayani, A.R Cornelius, Dorab Patel and Mohammed Ali Jinnah..even u referred the ATC judge who convicted Qadari, he is also from the lawyers community….

  45. Miss Maheen you are awsome.
    i like your way of thinking.

  46. @Maheen – I am sure if we have brave/intellectual writers like you, we will be able to turn positive impact on brain washed people. Thank you Thank for reflecting a true mirror of our society.

  47. When there is no more action on the Judiciary decisions then the problems like this will arise.Then people will try to solve the issues their own way.There was time when the case about that woman was already decided by the Court.Then I think there was no reason for a Governor or a president to interfere.

  48. Dear Maheen Usmani I share your outrage at the disgraceful behaviour of our legal community.
    Pakistan's lawyers and especially their elected representatives seem to have no time for fair play, due process or even respect for the rule of law. I have only contempt for those who have degraded their professional values and hence their own value to this despicable low.

  49. You are assuming here that our lawyers are paragons of excellence and integrity. Have you ever visited a court room in Pakistan?

  50. People have been fed these ideas all their life and it is no wonder they take law in their own hands and then try to justify it one way or other. Talibans are doing the same.

  51. grt artice,hope the lawyers read it

  52. Good article. Excellent points.

  53. Dear Ms. Usmani
    I salute you for making such rational and fair analysis of the state of affairs in this county.
    God bless

  54. This article is a sad commentary on the state of Pakistan. It seems the law of the land is increasingly in the hands of the mob with the lawyers part of the mob.

  55. I will like to hear what, if anything, Asma Jahangir has to say about this.

  56. Excellent article, makes one think and cry at what we have become and where we are going.We cant even stand on our own principals that we swear by. Are we a lawless society or becoming one….

  57. What a courageous truthful article, Shame on lawless lawyers, such lawyers are disgrace to their own profession. Such lawyers cannot even define professionalism.

  58. After successful chief justice movement, lawers are now bullying whereever they want. Qadri's crime is so obvious that promote intolerance, injustice in society. He should be punished like a murderer.

  59. These lawyers are cowards who support Qadri. They are trying to please Pakistani Taliban.

  60. ATleast someone is writing and publishing sane stuff. Thank you , Thank you for writing this piece. The current state of affairs is truly a nightmare.

  61. Well said. Our lawyers don't seem to be 'lawyers' anymore; its another uncontrolled force, which likes to be involved in everything and without giving it any thought. They think they are 'marketing' their profession by doing this, but this time its going into the wrong direction.

  62. Maheen correctly pointed out here that its simple a mind boggling stuff. So do you guys with black coats still think you can enter the realm of development prosperity and earn a fair share in the world with your such oppressive tools? Nah, Watch your back please.

  63. this happens when people do not read and pay attention to thier Book, they listen to clerics only and never try to find out themselves, the clergy is to blame for that, they are not fixing anything nor they intend to, if they are toughtful, they can understand the disasters pakistan is going thru over and over, if this is not the sign, what will be? it's too late now. What started during Zia's era, is bearing fruit now, a rotten one that is.

  64. you are taking a big risk but nonetheless good work…. keep it up…!!!! we need equality and justice for all….!!!!

  65. Beautiful article, Maheen. You have very accurately expressed the sorry state of affairs. The behaviour of certain lawyers protesting against the verdict calls for a stringent action against them. This is necessary to uphold the status of justice.

  66. A brave article. I wish you the best at reforming a society that has been broken by religion.

    Religion is no longer the opiate of the masses. It is a weapon that can be used to distort people's thinking and rouse them to do things that make no sense.

  67. It's a very well written article but alas it will fall on deaf ears.

  68. @maheen: I really admire your courage. Good luck to you and go on writing the truth!

  69. Mumtaz Qadri took law in his hands and committed a crime. Lawyers ransacked judge's court room and ransacked it did the same thing. The line between custodians of law and law breakers disappeared. And one more thing, transferring the judge somewhere else is clear proof of the lack of authority or power of the government. Now the question is not where we are heading; the question is where we have arrived. Surely we are not very far from the trees where we came from!

  70. Very well written and thought provoking piece. May the custodians of justice comprehend it and feel their responsibility towards their profession.

  71. Maheen,

    Thank you for writing on this topic and sharing rational concerns on this.

  72. Very grim picture of the country's justice system narrated by intelectual mind to fellow citizens to ponder how Islam and Pak is being degraded by mindless individuals who don't believe in Allah.

  73. Very grim picture of the country's justice system narrated by intellectual mind to fellow citizens to ponder.

  74. When lawyers are championing the cause of an extra-judicial killing, then something is incredibly sick and pathetic in our society. These people are supposed to uphold the rule of law, and not support a murderer who decided to be the judge, jury, and executioner all in one.

  75. Muslims have always been like this.
    In USA they want modern justice and at home they want is SHARIA.

  76. Kudos to you my friend. There are still some sane and brave voices left in Pakistan. When Mullahs and Feudal s have taken over the country, what can one expect? I am surprise that supreme court has not taken a suo-moto action on this. These insane lawyers need to be ostracized and barred from courts. The law needs to be enforced otherwise we are in for a big ride and I am sure it will take Pakistan to its destruction.