Justice Bhagwandas passes away

Published February 24, 2015
Justice Rana Bhagwandas.—Fahim Siddiqi / White Star
Justice Rana Bhagwandas.—Fahim Siddiqi / White Star

KARACHI: Justice Rana Bhagwandas, the second non-Muslim and the first Hindu head of the country’s judiciary, passed away on Monday at a local hospital after a long illness. He is survived by his wife, two sons and a daughter.

Chief Justice Alvin Robert Cornelius, an Urdu-speaking Christian born in Agra, was the first non-Muslim jurist who served as the 4th chief Justice of Pakistan from 1960 to 1968.

Justice Bhagwandas was among the 60 judges who were sacked on Nov 3, 2007 after they refused to take the oath under the Provisio­nal Constitution Order issued by the then military ruler, Gen Pervez Musharraf.

Known for his fairness and compassion on the bench and in his private life, the 72-year-old served the judiciary as a senior judge and acting Chief Justice of Pakistan in 2007 during the judicial crisis in the country. He had earlier become the acting CJP during 2005 and 2006 when the then CJP Chaudhry Iftikhar Muhammad Chaudhry had gone for foreign trips.

Justice Bhagwandas became the acting chief justice on March 24, 2007 following the sacking of then CJP Iftikhar Chaudhry on March 9, 2007.

While he should have taken his place as acting chief justice following the sacking of the CJP, his whereabouts remained unknown as he was said to have been on a visit to India.

He returned home on March 23 and served as acting CJP from March 24 to July 20, 2007, till the apex court restored Justice Chaudhry.

Born on Dec 20, 1942 in a Hindu Sindhi Rajput family in Naseerabad, now in Qambar-Shahdadkot district but previously in Larkana district, he did law graduation and masters in Islamic Studies.

Rana Bhagwandas, who also worked as the chairman of Federal Public Service Commission from Nov 2009 to Dce 2012, joined the bar council in 1965 and practised law for two years. Later he joined the sub-ordinate judiciary and became a sessions judge.

In 1994, he was made judge of the Sindh High Court and elevated to the Supreme Court in 2000. His appointment to the superior court was challenged throu­­gh a constitutional petition on the ground that he was a non-Muslim, but a full bench of the court threw out the plea.

Senior lawyers and former judges lauded the services of Justice Bhagwandas and said he was a staunch believer in the sanctity of the Constitution of Pakistan and its legal system.

He was a vocal opponent of the practice of honour killings of women in rural parts of the province and was known for defending the country’s legal system against the charges of bias and suppression of minorities.

Termed a man of “balanced temperament”, Justice Bhagwandas was considered as one of the most competent judges who respected everyone.

The elderly jurist earned more honour and respect when he and two other judges dissented in a six-three vote on petitions against Gen Musharraf for contesting the election for the second term in uniform. The dissenting judges were of the view that Gen Musharraf should relinquish army chief’s post. His last rites were held at Shamshan Ghat at Old Golimar.

Published in Dawn, February 24th, 2015

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