I was very happy to note that the Pakistan cricket team got a rousing welcome from the Indian public on their arrival in Hyderabad, India to play in the World Cup.
The Pakistani media, which is largely anti Indian, and many Pakistanis, were pleasantly surprised at the hearty welcome given to the Pakistan team in India
Pakistani Captain Babar Azam was overwhelmed by the warm welcome he received, and he said he felt he was in Pakistan
He gave a statement that earlier he and his team were nervous about coming to India, but Indians won their hearts by the enthusiatic welcome they gave
https://www.youtube.com/watch?v=yedF8AEmVlc
This shows that despite all attempts by certain people to create enmity between India and Pakistan, the Indian public does not harbour any hostility towards Pakistanis, and have displayed maturity. After all, cricket is just a game, and is not war.
My own opinion is that India and Pakistan are one country, so we should cheer the Pakistani team if it wins any match as if India has won, and if they lose we should feel India has lost.
I saw yesterday on the internet the proceedings ( which were broadcast live ) before the full bench of the Pakistan Supreme Court over which you presided, and I must say I was very disappointed, particularly by the abrasive and aggressive way you behaved, not only to counsels, but even towards your companion judges. showing them scant respect.
But now I wish to speak to you on a more important matter.
I need scarcely remind you that you have taken an oath to uphold Pakistan’s Constitution, and the Constitution has a chapter on fundamental rights of the citizens, like the right to life and liberty.
So it is your solemn duty to protect the fundamental rights of the citizens, but these have been flagrantly violated on a large scale with impunity, particularly after the events of 9th May, when a reign of terror was unleashed in Pakistan.
Over 10,000 people ( including women ) have been arrested after 9th May on concocted charges, often dragged out from their houses which were broken into, brutally beaten and tortured, jailed for over 4 months in horrible conditions, and some just ‘disappeared ‘, with the judiciary turning a Nelson’s eye on these atrocities.
The latest example of these horrors is the death of the 9 year old boy Ammar Farooqui,
By this email I call upon you to do two things immediately :
(1) Initiate suo motu proceedings at once to get promptly released these 10,000 persons incarcerated in jail, including former Prime Minister Imran Khan, other PTI leaders, workers and supporters.
(2) Initiate suo motu proceedings and order holding elections as per Article 224(2) of Pakistan’s Constitution within 90 days of dissolution of Parliament.
If you cannot do these two things you might as well pack up, resign, and go home.
I am sending you my article which I wrote about your predecessor former CJP Bandial
I saw your oath taking on the internet, and was touched by your fine gesture of asking your wife to stand by your side while taking oath.
However, I must tell you that you will be put to two tests :
(1) You have taken a solemn oath to uphold the Constitution, which includes the fundamental rights of citizens of Pakistan, like the right to life and liberty.
As you know, a fascist reign of terror has been unleashed in Pakistan by the Establishment after the events of 9th May. Over 10, 000 people, including former Prime Minister Imran Khan and several PTI leaders and workers/supporters have been arrested, many ( including women ) beaten, brutally tortured, jailed in horrible conditions, killed, or simply ‘disappeared’.
It is therefore your solemn duty to get these 10,000 people released from jail forthwith, given adequate compensation, and those officials responsible for this outrage suitably punished.
(2) It is your duty to enforce the Constitution of Pakistan, since you have taken an oath to uphold it.
Article 224(2) thereof states that free and fair elections must be held within 90 days of dissolution of Parliament, and even President Arif Alvi has proposed this.
It is therefore your duty to enforce Article 224(2).
If you fail to meet these twin tests your name will be consigned to the dustbin of judicial history, and your 13 month long tenure as CJP will be marked as a big failure, like that of your predecessor Justice Bandial, who proved to be a spineless coward, who betrayed his oath, and was only concerned about his salary, perks and pension.
The Chief Justice of Pakistan, Umar Ata Bandial, retired yesterday, 16th September, 2023. What is his legacy ? How will he be remembered ?
No Judge is perfect. Some are short tempered and rude in court, some are dim witted and often cannot understand the lawyer’s argument, some know little law, some talk too much in court ( in violation of Bacon’s dictum ” A much talking judge is like an ill tuned cymbal ), some cannot get along with their colleagues, some go off to sleep even when the lawyer is arguing, etc
All these can be forgiven. But what cannot be forgiven is a Judge’s refusal to abide by his solemn oath to protect the rights of citizens under the Constitution. Let me explain.
In feudal times the King was supreme, and the people had no rights.
However, in his ‘Second Treatise on Civil Government’, written in 1690, the British political philosopher John Locke propounded the idea that the people had certain ‘natural rights’ ( e.g. life and liberty ) which even the King could not violate.
These were later incorporated in the Bill of Rights in the US Constitution of 1791, the Rights of Man proclaimed in 1789 by the French National Assembly, the Fundamental Rights in the Indian and Pakistan Constitution, etc.
What was the purpose of having these rights in the Constitution ? That was because it was felt that Parliament, though elected by the people, may sometimes turn autocratic and anti-people. Hence the people had to be protected not only against autocratic behaviour of the executive, but also the autocratic behaviour of the legislature.
When a Judge assumes office, he has to take an oath to uphold the Constitution, and since the Constitution incorporates certain fundamental rights of the people, that oath includes his undertaking to protect those rights.
Did Justice Bandial abide by his oath ? Not at all.
After the events of 9th May a reign of terror was unleashed in Pakistan, over 10,000 people arrested, beaten, tortured, jailed, killed or simply ‘disappeared’ in Pakistan, but Justice Bandial turned a Nelson’s eye to these atrocities and horrors, probably because all he had in mind was his salary, perks and pension.
He seemed to show courage by ordering Punjab Assembly elections on 14th May, but when it came to enforcing that order ( by taking contempt of court proceedings ) he beat a hasty retreat, thus making it clear to the Pakistan Establishment that the judiciary is only a paper tiger, that judges talk a lot but are not to be taken seriously.
When the Pakistan Govt said that they would not obey the Supreme Court’s orders, Bandial should have closed down all courts in Pakistan until the govt announced that it agreed to abide by court orders, but evidently he had no backbone, gumption or spunk to take such a bold, but necessary, step.
To sum up, Bandial’s legacy is of a weak, spineless, and cowardly judge, who betrayed his oath, and let his country and his institution down, causing misery to countless number of people.
One can tell him, as Cromwell told the Rump British Parliament on 20 April 1653 :
” You have sat too long for any good you have been doing lately In the name of God, go ! “
There were some people in India who thought, like Neville Chamberlain at Munich in 1938, that strife can be avoided by appeasement. So they accepted the handing over of the site of the demolished Babri Masjid to right wing Hindu organisations for building a ‘bhavya’ Ram Mandir there, thinking this will end communal strife and tensions in India.
However, soon after demolition of Babri Masjid, cries were heard ”Abhi to yeh jhaanki hai, Kashi Mathura baaqi hai” ( i.e. ”This is only a glimpse, Kashi and Mathura remain” ). And sure enough demands for demolition of Gyanvapi Masjid in Varanasi, and Shahi Masjid in Mathura, and building ‘bhavya’ Shiva and Krishna temples on the sites, have been growing louder and louder.
But supposing these 2 mosques are also demolished, and Hindu temples built on the sites. Will the matter end there ? Surely not, for the communal pot must be kept boiling.
Now a demand has come for demolition of Shivalay Masjid and Teele Waali Masjid in Lucknow, and restoring the Hindu temples which originally stood there.
And some of those raising the demand want demolition of 50,000 masjids in India which were allegedly built by demolishing Hindu temples.
There are even demands for demolishing Qutub Minar, Quwwat-ul-Islam mosque, Jama Masjid, Delhi, Taj Mahal, Agra, Atala Devi Masjid in Jaunpur, etc since these were allegedly built by demolishing Hindu temples there.
The real issues like massive poverty, record and rising unemployment, skyrocketing price rise of food and other essential commodities, appalling level of child malnutrition ( every second child in India is malnourished, according to Global Hunger Index ), almost total lack of healthcare and good education for the masses, etc have all gone into the background.
As explained therein, the basic problems of India, which are socio-economic, can only be solved by rapid industrialisation and modernisation, but the developed countries will oppose this tooth and nail ( for the reasons given in the above video )
So our problems cannot be solved within the Constitutional framework but by a mighty, historical people’s revolution led by patriotic, modern minded leaders determined to rapidly industrialise and modernise the country, and give the people decent lives..
But historical experience shows, as pointed out in the articles below, that before an actual revolution there is always an ideological revolution, in which the weapons used are not swords, guns or bombs but ideas ( e.g. as it happened in France before the French Revolution of 1789 ).
Patriotic Indians, who want to help the country, must first understand all this.
The interest of people of the Indian subcontinent is to rapidly industrialise and become an industrial giant, like China, for only then can we abolish poverty, unemployment, hunger, and the other great evils which plague our society. On the other hand, the interest of the developed countries is that the Indian subcontinent must not be allowed to become an industrial giant, and must be kept backward ( for the reason I explained to Moeed Pirzada in his video interview ).
Thus, our interests directly conflict, and the developed countries, through their agents ( the rulers of India and Pakistan, and the politicians of both countries ) will do their level best to prevent us from becoming an industrial giant, and they are doing that by making our people fight each other on the basis of religion, caste, language, race, etc.
It is high time that our people understand this vile scheme, expose it to the public, and launch a mighty united people’s struggle ( in which tremendous sacrifices will have to be made ), under secular, modern minded leaders, for creating a just, modern political and social order in which all our citizens get decent lives
The 75th death anniversary of Mohammad Ali Jinnah, the founder of Pakistan, was observed on 11th September 2023.
On this occasion Moeed Pirzada, the eminent Pakistani journalist, has posted a vlog, given below
I respect Moeed who is bravely opposing the reign of terror unleashed in Pakistan by its army. However I regret that in his vlog he has totally distorted the truth.
Moeed says that Jinnah was an advocate of Constitutionalism and the rule of law, and he deplores the fact that these have broken down today in Pakistan, which is directly contrary to Jinnah’s vision.
What he overlooks is that Jinnah’s relentless advocacy of the bogus two nation theory which led to creation of Pakistan as an Islamic state, inevitably led to today’s situation in Pakistan and the destruction of the rule of law..
No doubt at one time Jinnah opposed separate electorates for Hindus and Muslims, and was called the ‘Ambassador of Hindu unity’. But that was at the early stage of his political career. Later, particularly after the Lahore Resolution of 1940 he relentlessly and fanatically demanded partition of India on communal lines, and he went all over India preaching this.
I have mentioned in several articles that in fact Partition of India in 1947 was a British swindle, and was the culmination of the British policy of divide and rule.
It was the British who were responsible for the Partition of India, with Jinnah as their main agent (though ultimately the Congress Party also acquiesed), and the purpose was to prevent India from emerging as a modern industrial giant ( as China has become ) and becoming a big rival to Western industry. I have explained this in detail in this interview I gave to Moeed recently
The same Jinnah who was secular and the ‘Ambassador of Hindu-Muslim Unity’ in the 1920s later became highly communal, and the main protagonist of the fraudulent two nation theory in the late 1930s.
Obviously he did this to satisfy his ambition to become the ‘Quaid-e-Azam’, regardless of the suffering his actions caused to both Hindus and Muslims. His call for Direct Action Day resulted in the terrible Calcutta killings in 1946. And, of course, the Partition resulted in the deaths of over 500,000 people, Hindu and Muslim, and the uprooting of millions from their native places. Did this cause any grief to Jinnah? Not at all. As long as his ambition was satisfied he was not bothered about the horrible miseries he had caused.
If one reads Jinnah’s speeches and his letters ( they have all been published) one will see that from the late 1930s onwards he relentlessly preached the 2 nation theory, that Hindus and Muslims are two separate nations, and therefore cannot co-exist together. This was of course humbug, and surely Jinnah knew that, since he had lived in Bombay for long, and must have interacted as a lawyer and otherwise with a lot of Hindus.
Moeed has harped on Jinnah being a Constitutional expert and upholder of the rule of law. What he omits to state is that creation of Pakistan as an Islamic state, which Jinnah relentlessly advocated, effectively destroyed constitutionalism and the rule of law.
This is because the Indian subcontinent has such tremendous diversity that a theocratic state in it simply cannot be stable, prosperous or governed by the rule of law.
Even if one creates an Islamic state, the question immediately arises what kind of Islam, Sunni or Shia, Deobandi or Barelvi, Wahabi, Salafi or Sufi ? Fights often occur between these denominations in Pakistan e.g. over the issue whether dargahs are islamic or unislamic. Mobs of religious extremists have often attacked minorities over concocted blasphemy allegations with impunity
Moeed has often said that the British Cabinet Mission proposal, which Jinnah’s Muslim League supported but Congress opposed, could have avoided Partition.
In reply it must be said firstly that the Cabinet Mission was just a ploy, since the British were determined to partition India before they left ( for the reason abovementioned ). In fact this was a typical British technique before they left a country e.g. partitioning Ireland, Palestine, Cyprus, etc.
Secondly, the proposal to give only defence, foreign affairs, currency and communications to the Central Govt meant that India would remain weak, and continue to be dominated indirectly by foreign powers.
A strong Central Govt led by modern minded leaders determined to rapidly industrialise and modernise the country is a sine qua non for the country’s progress.
I suspect that Moeed has in mind that one day he would like to return to Pakistan ( he presently lives in USA and dare not return immediately as he is persona non grata with the present Pakistan Establishment due to his strong support for Imran Khan ), but he knows that even if things change later and he returns he may be charged under section 123A Pakistan Penal Code which carries a sentence of upto 10 years jail for speaking against Partition.
So to avoid unpleasant consequences he must support the ‘Baba-e-Quom’, who caused so much misery to tens of millions
By Justice Markandey Katju, former Indian Supreme Court Judge, and Arifa Nadeem, a Pakistani attorney
Dear CJP Bandial and Hon’ble Judges of Pakistan SC.
We are appealing to you to take suo motu action to get Prof Zahoor Mashwani released by issuing a writ of habeas corpus.
The details are given below.
Former Prime Minister Imran Khan’s focal person on Social Media @MashwaniAzhar has described the ordeal of his family since his brother, Professor Zahoor Mashwani, was abducted.
Prof. Zahoor and his children are one of many being punished simply for being related to a member of the PTI.
A translated version of Azhar Mashwani’s tweet is below :
” On March 23rd, 2023, 1st of Ramadan, I was forcibly abducted and unlawfully detained for a period of 8 days. We registered an FIR (First Information Report) of my abduction, which, up to this day, has not been subjected to a proper investigation.
Similarly, on the night of May 9th, our residence, where I reside with my family, was subjected to three raids in my absence. During these incidents, my 73-year-old father and elder brother, Professor Zahoor Mashwani, were taken into custody by individuals attired in CTD uniforms and plain clothes. Fifth month has started and there has been no information regarding the whereabouts of my brother.
It’s important to note that Professor Zahoor Mashwani has dedicated his life to educating countless students and has maintained no involvement in any unlawful activity or political activism. This unjust situation has unfairly impacted his young children, wife, and my parents, all of whom have been enduring the agonizing wait for his return. In light of these distressing circumstances and in an attempt to alleviate the ongoing hardships faced by my family, I made the difficult decision to leave my home and loved ones. I have refrained from using social media for the past two months, and I have had to depart from my homeland, Pakistan. However, despite these sacrifices, my brother remains in captivity, and my parents have been presented with the heartbreaking demand to surrender one son for the release of the other. Throughout this trying period, the role of the judiciary has been profoundly disappointing. The four petitions filed by my father in the Lahore High Court were disposed-off, without any meaningful judgement, towards securing my brother’s release, based on false statements provided by the police. From March until now, multiple reports submitted by various institutions to the High Court have affirmed that neither I nor any member of my family am named or wanted in any criminal case or investigation, and they do not acknowledge the custody of my brother.
Everyone in Pakistan thinks that those involved in acts of vandalism and arson on May 9th, should be tried in accordance with the law. However, beyond these actions, there is no legal or moral justification for subjecting thousands of political workers and their families to physical and psychological torment, loss of life and property, and inhumane treatment. Our family is one that abides by the law, has consistently upheld the Constitution, and has been deeply intertwined with academia for many decades. Our loyalty to the soil of Pakistan has been unwavering, and it appears that this loyalty is the only reason for the suffering that every member of our household endures today ”.
But now I think that it is unnecessary. The DMK, a coalition partner of the INDIA opposition alliance, has ensured victory for the BJP, without the latter doing anything.
Udayanidhi Stalin, Minister in the ruling DMK state govt in Tamilnadu, and son of the Chief Minister MK Stalin, called Sanatan Dharma ( which most Hindus regard synonymous with Hinduism ) as a disease like dengue, malaria or covid, which must be eradicated, and far from expressing any regret he has repeatedly said that he stands by his statement.
Udayanidhi’s father, Chief Minister MK Stalin, has supported his son
Now, another DMK leader A. Raja, who is a former Union Minister, has gone further, and called Sanatan Dharma a disease like HIV or leprosy.
None of the opposition leaders have condemned this statement, though some have said that they don’t subscribe to it. Congress leader Rahul Gandhi has not even commented on it
80% of India’s population is Hindu, and, as already mentioned before, most Hindus equate Sanatan Dharma with Hinduism, and they have been deeply hurt by Udayanidhi’s statement
262 eminent people have written a letter to CJI Chandrachud asking for suo motu action against Udayanidhi
Since the DMK is part of the opposition alliance INDIA, and since the latter have not condemned Udayanidhi’s remark, all hopes of the opposition defeating the BJP in the forthcoming Lok Sabha elections, which were already doubtful, have now been dashed and are now buried.
When the opposition has a friend like the DMK, the BJP needs no enemy. Udayanidhi Stalin’s and Raja’s speeches have put a nail in INDIA’s coffin, and sunk the INDIA alliance, like the iceberg which sank the Titanic.
The BJP need to do nothing now to win the coming Lok Sabha elections. The opposition has ensured it.
A fascist reign of terror has been imposed by the army and police in Pakistan, over ten thousand people have been arrested and jailed on false and frivolous charges, many beaten, tortured, killed, or just ‘disappeared’. The judges, who took an oath to protect the people’s rights, have become deaf and dumb and have turned a Nelson’s eye to these horrors, and the media has largely kowtowed before the Establishment. The people are reeling before the worst economic crisis in Pakistan’s history, with record unemployment, highly inflated electricity bills, and soaring prices of food and other essential commodities.
In this situation the lawyers of Pakistan have risen to the occasion, and are fighting back, bravely leading the struggle for democracy and the rule of law.
The Pakistan lawyers have recently decided to unite, and unitedly fight against this tyranny and trampling of human rights. They have formed the All Pakistan Lawyers Convention, and held their first meeting in the Supreme Court Bar Association in Islamabad. Here are some of the speeches delivered in that meeting :
A study of history shows that lawyers have given leadership to countries which were passing through a crisis in history. Thus, in the American Revolution ( 1775-81 ) most of the American leaders were lawyers, e.g. Thomas Jefferson, John Adams, James Madison, Alexander Hamilton, etc. The American President who led the nation during its Civil War ( 1861-65 ) was a lawyer, Abraham Lincoln.
In the great French Revolution of 1789 over half the members of the French National Assembly were lawyers e.g. Robespierre, Danton, Prieur de la Marne, Billaud Varenne, etc
The leader of the Bolsheviks in the Russian Revolution of 1917, Lenin, was a lawyer ( though he practised only for a short while ).
Most of the leaders in India’s independence struggle were lawyers.
In Pakistan, the major cause of the downfall of the dictator Gen Parvez Musharraf, were Pakistan”s lawyers.
Why is it that lawyers were leaders of many countries in their hour of crisis ? That is because among all professions lawyers are closest to the people, and have society’s pulse. A doctor deals with medical problems, and an engineer with technical problems. So their knowledge of society’s problems is limited.
But a lawyer deals with legal problems, which are connected to society as a whole, and he interacts with people of all kinds and all walks of life–workers, farmers, teachers, govt servants, businessmen, people with matrimonial problems or property disputes, criminals, etc. Hence he best understands the needs and problems of society. Also, belonging to an independent profession, he does not have to kowtow before anyone. Hence he is often the best person to lead the people.
In the situation prevailing in Pakistan today, with most people living in fear, the Pakistan lawyers are the fittest to lead the people in these dark times. And they are doing their duty fearlessly, valiantly, and undauntedly
I have repeatedly said that the test of every state or political activity or system is one, and only one : does it raise the standard of living of the people ? Does it give them better lives ? In other words, does it help in abolishing ( or substantially reducing ) poverty, unemployment, hunger, lack of proper healthcare and good education, skyrocketing prices of essential commodities etc among the masses?
From that perspective let us assess recent developments which have happened, are happening, or will happen in India.
1. Mumbai Summit of the 28 opposition parties in Mumbai
Assessment : Irrelevant, as it has nothing to do with, and will not in any way improve the lives of the people of India. In other words, it will not in any way help in abolishing ( or substantially reducing ) poverty, unemployment, malnutrition, skyrocketing prices, lack of proper healthcare and good education, etc in India
2. Tamilnadu Minister Udayanidhi Stalin’s statement against Sanatan Dharma, and the letter of 262 persons to the CJI calling for action against him.
Assessment : Irrelevant, for the same reason
3. Special session of the Indian Parliament, which will be held from 18th to 22nd September, and is likely to have bills for one nation one vote, women’s reservation of 33% in Parliament, etc
Assessment : Irrelevant, for the same reason
4. G-20 summit to be held in Delhi on 9th and 10th September.
Assessment : Irrelevant, for the same reason
5. India versus Bharat controversy
Assessment : Irrelevant, for the same reason
6. Arguments for 16 days in the Supreme Court in petitions challenging validity of abrogation of Article 370 of the Constitution.
Assessment : Irrelevant, for the same reason
7. Chandraayan landing on the moon
Assessment : Irrelevant, for the same reason
8. 2023 World Cup Cricket matches from 5th October to 19th November
Assessment : Irrelevant, for the same reason
So are there are no relevant issues left in India ( apart from those mentioned in para 1, which are irrelevant in elections ) ?
Yes there is, and it is inflaming communalism and religious polarisation, in view of the forthcoming 2024 Lok Sabha elections
