Bring Law And Justice Closer To Understanding Of Peoples Chief Justice Cornelius's Plea

BRING LAW AND JUSTICE CLOSER BRING LAW AND JUSTICE CLOSER TO UNDERSTANDING OF PEOPLES CHIEF JUSTICE CORNELIUS'S PLEA FOR CREATION OF A "JUST SOCIETY" OF ISLAMIC PATTERN Speech by Mr. Justice A. R. Cornelius, Chief Justice, Supreme Court of Pakistan at the Inauguration Ceremony of the Students Union of Jinnah Law College, Hyderabad on the 25th February, 1967. I am very pleased to be among you all on the occasion of the inaugura tion of the College Union. Your studies are of a specialist character and I think I may assume that your Union will have purposes which are more specialised than those of the ordinary Arts College Union. There will, of course, be some general purposes as well, but in the main the objective could be to operate so as to further the acquisition of legal knowledge and the preparation of the students for their eventual entry either into the legal profession or other affairs where their knowledge of law will be both a necessity and an asset. I therefore propose to speak today of two particular aspects of your preparation and training for entry into the field of law. Recently in Lahore I had the pleasure and privilege of joining in a great demonstration of the unity of the legal profession under the aegis of a great High Court. The Lahore High Court, which in 1955 was merged in the greater High Court of West Pakistan, was founded in the year 1866 as a Chief Court, and the hundredth year following that event fell in 1966. It was celebrated this year after a delay of about 12 months, on account of the true date falling so soon after the disturbances created by the War of September, 1965. The Judges of the West Pakistan High Court led by their Chief Justice took upon themselves the duty of organising a great gathering of lawyers from all parts of Pakistan, and to signalise the occasion they took the further significant step of inviting lawyers and Judges from a number of foreign coun tries. The inauguration of the Celebrations on the 17th of this month, was one of the most impressive functions I have ever witnessed. The President of Pakistan graced the occasion with his presence. On the dais there sat in rows on each side of him some 30 Judges of the West Pakistan High Court. On one side of the dais were placed the delegations from foreign countries. It was pleasing to see representatives from the U. S. S. R. and the United Kingdom. But the greatest pleasure was derived from the presence among these delegations of Chief Justices, Attorneys‑General and other representatives from the following Muslim countries, namely, Iran, Iraq, Turkey, the U. A. R., Tunis, Algeria and the Sudan. A representative came from the West Coast of Africa in the person of Chief Justice Boni of the Ivory Coast. There were also the Chief Justice and the Attorney‑General of Lebanon, which like the Ivory Coast has some fifty percent of Muslims in its population. In front of the dais there were seated about a thousand lawyers from all parts of Pakistan. Speeches were made by a number of distinguished lawyers including the Advocate‑General of West Pakistan, and the President of the Lahore High Court Bar Association. It was a sign of the times that on this special occasion, the High Court Bar Association President should be a woman, Miss R. S. Qari, Barrister‑at‑Law. The President made a most sympathetic and appreciative speech in reply. Ordinarily, one is led to think of a lawyer as a contentious person whose 'whole life is filled up with disputations and arguments. The livelihood of a lawyer is derived from disagreements among members of the population. The impression is difficult to avoid that he thrives on conflicts. But on this occasion, all disputation and conflict were brushed aside. The members of the legal profession stood shoulder to shoulder, facing the ranks of the Judges, a great majority of whom were drawn from among their own ranks. There was a great demonstration of strength and unity. The power they represented was the power of justice operating through law. The lawyers and the Judges bear an equal part in the dispensation of justice, among the common people, and also for ensuring that public autho rity is exercised in accordance with law. Looking at them gathered together, solemnly united in the contemplation of the majesty that the High Court of Lahore had developed round itself in 100 years of constant endeav our for the furtherance of justice, one could not fail to gain the feeling that here was the power‑house of the law. I feel sure that all those who participated in this event, Judges and lawyers alike, went away feeling that their lives and labours were justified in the service of the highest of all human causes. That same evening, a great dinner was offered to all who attended the inauguration by the Chief Justice and. Judges of the West Pakistan High Court. Once again, the President of Pakistan lent great dignity to the occasion by his presence. After dinner, speeches were made by leaders of the visiting delegations, which had to be translated in most cases. The language most used was Arabic, the other foreign language spoken being Russian. One and all spoke with a deep sense of the majesty of the occasion and expressed appreciation of the attainments of the Governments the law‑givers, the lawyers and the Judges of Pakistan, in the way of law and justice. Among those who spoke on the Pakistan side was Sir Zafrullah Khan, who was enrolled as an Advocate of the Chief Court of Lahore no less than 53 years ago. He has had a career of the utmost distinction as a member of two Central Governments, first of undivided India, and then of Pakistan, as a Judge of the Federal Court of India and to‑day a Judge of the International Court of Justice at the Hague, and last but not least as one who reached the highest individual distinction among the Councils of the world as President of the General Assembly of the United Nations. Sir Zafrullah Khan presents a remarkable combination of the finest qualities. In the affairs of the world, he has gained outstanding success. In gaining that success, there has grown within him to an imposing height, devotion to his faith and the true principles of Islam. Ire embodies in himself the ideal to which every lawyer in Pakistan should aspire. His grasp of the tenets of his religion and his devotion to it have enabled him to play a most important part in world affairs with the greatest distinc tion. By similar devotion combined with development of his talents and advancement of his knowledge, every Muslim lawyer can truly hope that in whatever sphere he is placed according to his situation, he will attain a position where he can be regarded as an agent for the attainment of justice in the affairs of men. In his speech, Sir Zafrullah Khan quoting chapter and verse from the Holy Quran established that justice is declared to be a Divine attribute, and those are fortunate among human beings, to whom the duty falls of being the agents of the dispensation of justice among God's creatures on earth. Such are the lawyers, who aid in the clarification of matters of dispute among the people and such also are the Judges whose duty is to resolve those disputes in the way of law and justice. The Holy Scriptures enjoin that men should not take into their own hands the solution of their disputes with each other, but should refer them to an impartial third party and before him should present their causes with truth and honesty. The Judge or Arbiter is enjoined to hear both parties and to decide with honesty and justice again in the way of law, and then lastly, the parties to the dispute are enjoined to accept the decision with good grace and to implement it. These being dictates directly drawn from the injunctions contained in the Holy Qur'an, the Muslims can rightfully claim that the faculty of justice is something which belongs to them, not as a secular necessity, but by way of Divine dispensation. At the end of his speech, Sir Zafrullah Khan emphasised that by these injunctions the Almighty intended that human beings should be organised into what he described as a Just Society. We in Asia must acknowledge that in respect of material things and technological achievements, we are far behind certain Western countries, and in particular, the United States of America. The organisation of human affairs in those countries is based upon a complex economic struc ture, in the understanding and application of which some of their finest minds are continuously employed. Therefore, when we hear of their leaders speaking of the New Frontier or more recently of the Great society, we must necessarily be deeply impressed. The impression is greatly magnified by the consideration that these declarations are invariably supported by reference to sums of money running into thousands of billions of dollars. Our way is not strewn with those manifestations of wealth and power. We have to seek the less glamorous courses. But after hearing Sir Zafrullah Khan's speech, and in particular his expression the "Just Society," I felt that for a human being, as the creature that God made him, it is a sufficient ambition that he should be a member of a Just Society, and should be privileged to participate in the creation and maintenance of such a Society. When, all the things of the world have passed away, each of us will stand before his Creator, to answer for his actions, and it is my belief and I dare‑say the belief of all of you that on that solemn occasion, enormity of wealth or power or influence will not turn the scales. The questions and answers will all relate to individual actions, and whether they were in the way of God, or in the way of the devil. No doubt all the circumstances will be taken into account in the final judgment and allow ances will be made for the difficulties which each individual faced. But those who pursue wealth for its own sake or use power and influence solely for the purpose of increasing that power and influence, and who do so regardless of the suffering they inflict on the lives and goods of their fellow‑men, who under God, are their equals and brothers, such men will find difficulty in giving an answer. The unmitigated pursuit of material things and the blind lust of power will be shown to have led them away from the path of righteousness that the Almighty laid down for them. Their greed and their blindness will be unacceptable as excuses, As you may know, I have, in a number of speeches attempted to place before the legal fraternity in Pakistan that there is a duty imposed upon them by the Constitution to implement the principles of Islam, and thus to establish liberty, equality, tolerance and social justice among the popula tion. I have tried to indicate that in continuing to follow and implement and advance the laws left behind by the British rulers, without paying regard to whether or not those laws are consistent with the tenets of Islam as they appear from the Holy Scriptures, they may be taking the country and its people further and further along a course which, besides being unconstitutional, may not be for the betterment and the full development of Pakistan into a Just Society in the way of Islam. I have advocated that it should be a necessary part of the equipment of a lawyer that he has a working knowledge of the, Arabic language. I have suggested that the Fundamental Rights which form the Ten Commandments to control the conduct of all human beings in Pakistan should be shown, as they can easily be shown, to derive from direct injunctions contained in the Holy Scrip tures. The single principle underlying the Fundamental Rights is that human liberty should not be restricted beyond the extent that is absolutely necessary to maintain public morality and the public interest as well as the safety and well‑being of the State. I entertain no doubt whatsoever that the Holy Books prescribe exactly this rule for all those who believe in them. The Centenary Celebrations gave me great encouragement in thinking that these views may now be received more generally and may perhaps lead to a number of those, who are connected with the law in Pakistan, making a real effort to guide the further development of the laws along the lines laid down by the Constitution. I give you a parallel; let me imagine for a moment that a people, who in their natural home are accustomed to consuming every day a small quantity of pure salt, which is easily available in their country. Supposing these people to come under the rule of a conqueror and to be exiled to a different part of the earth's surface, where also there is salt, but not of the purity of the salt, which was part of their daily diet in their own natural home. Their systems would have been built up through the genera tions requiring this proportion of real pure salt in their diet, but in the country of their exile, the salt they have to consume is contaminated with other minerals, some of which are damaging to their physical consti tution. Of necessity they become accustomed to taking the impure salt and inevitably this will lead to deterioration of their physical systems. In the meantime, the making of this impure salt and its distribution among the people becomes a vested interest for a significant section of their commu nity. This section is composed of persons who play the leading part in the organisation of their lives. You will at once agree that unless, that section of the community, which has a vested interest in manufacturing and distributing salt among the population can be convinced that their duty to their people is to provide for them the pure salt, which belongs to their real essence, the deterioration will continue until the result will be that their physical systems will be wholly changed from their original condition. One and all will suffer from physical defects and since the deficiency will be universal, the tendency will be to accept the situation and to make the best of life as they can live it, in a diminished state. The law and the processes of justice are no less important to the health of the body‑politic than is a proper intake of pure salt to the human physique. When I was privileged to meet the gentlemen of the law who visited us from the Middle Eastern countries, it gave me the greatest pleasure to find how deep was their devotion to the law and to the processes of justice in their own countries. It was an equal pleasure to learn that each of these countries had a well‑established system of justice operated through well‑selected and competent personnel. Their legal systems had started originally with the Shariah and all of them retained their devotion to that great source of law. In each country there had been formulated codes to govern different fields of law applicable to human affairs and those were‑ in line with the fundamental requirements of the Shariat in all respects. I thought to myself how fortunate indeed were they that they could feel that in all their actions they were following and applying the dictates relevant to justice, which are contained in the original Divine law to which they owe allegiance: All of them spokes Arabic and only a few could speak English, but with the aid of interpreters, it became manifest that these were persons with the widest knowledge of law and that they were pursuing it unhampered now by any foreign influences. Their great good fortune was that throughout their history the development of their law through their codes and through the processes of justice, had pro ceeded in conformity and consistency with the original law which was theirs, namely, the Shariah. In our country, we follow statutes most of which are based on the English pattern. For the application of these statutes,, our lawyers and Judges have trained themselves in the period of British rule, to have recourse always to the principles contained in the British Common Law. I would not wish at all to minimise the grandeur of that system. It has gained very great appreciation among jurists and philosophers all over the world, and possesses intrinsic merit at high level. It is possible to say that many of the principles enshrined in the British Common Law, are derived originally from the writings of Muslim jurists of the period when Europe was as yet largely uncivilised and the great centres of civilization were located in Spain or North Africa or the Middle East. But not all of the principles that provide the foundation of the British Common Law are consistent with the rules of Muslim Common Law, as they have been developed through the teachings of the Muslim jurists and the practice of the Courts of the Muslim countries. There are a great many significant differences. And, in another aspect, surely an independent nation with its own religion and a system which requires that the tenets of that religion should be made to operate through all the processes of human affairs, suffers, in self‑respect if it continues to follow lights from abroad, when it has available to itself a vast jurisprudence and its fundamental principles to follow. A thought which often strikes me is that pursuing the law exclu sively in the English language, we the Judges of this country can never aspire to any distinction beyond that of being competent imitators of the performances of the great Judges from countries where English is the national language. We can, I am sure, feel much greater satisfaction in the performance of our duties, if we bear in mind that every principle of jurisprudence, which is requisite for the resolution of matters coming before us is already available to us from our own sources. To expound and elaborate and advance those principles should be for us a matter both of duty as well as of pride. So it should be also for lawyers, who undertake to assist the Court in reaching right decisions on correct principles. You, who are here receiving training so that you may either follow the law or in some other way be agents for the implementation of the law, would do well to ponder over the ultimate end and fruit of the labours, which you are keen to undertake. Your function will be directly in line with the requirement of the Constitution to bring about social justice in Pakistan through the agency of the law. You do not need to refer to foreign sources for an understanding of your function. All that you can need to perform that function to the full of your talents and capacity is already contained in the jurisprudence of Islam. You may think that to acquire the Arabic language is a great barrier, but for those who know Urdu it is probably much easier to acquire legal‑Arabic than it is to get a full command of legal terminology in English. As things are, it is necessary for you to learn legal English, but in my humble view, that need not always be the case. The Urdu language is already adapted to the full use of Arabic terminology, and with sustained effort, in quite a short time, it can be made the vehicle for all legal and judicial process. That should help greatly in ensuring that justice is not only dispensed to the common people in this part of Pakistan, but it is also seen and understood by them. May that day come soon, is my sincere prayer. I hope you will use your time here to acquire all the technical know ledge of law and legal procedures that you can. The machinery of justice, that is to say, the system of Courts, and adversary hearings, with assistance from lawyers, is the same in all countries, including those of the Middle East. The extra duty which I suggest you must undertake is to work for law and justice to be brought closer to the understanding of the people, and that the principles to be applied should be brought into near consistency with the jurisprudence of Islam.