FULL COURT REFERENCE ON THE RETIREMENT OF MR. JUSTICE JAVID IQBAL, JUDGE, SUPREME COURT OF PAKISTAN

FULL COURT REFERENCE ON THE RETIREMENT OF MR <!--[if gte mso 10]> FULL COURT REFERENCE ON THE RETIREMENT OF MR. JUSTICE JAVID IQBAL, JUDGE, SUPREME COURT OF PAKISTAN ADDRESS By Mr. Justice Muhammad Baleen, Chief Justice of Pakistan [4th October, 1989] Learned Brethren, Mr. Yahya Bakhtiar, Attorney-General for Pakistan; Advocates-General of the Provinces; Presidents of the High Courts Bar Association; President, Advocates-on-Record Bar Association; Ladies and Gentlemen! It is the third occasion in the current year that we have assembled to bid farewell to yet another of our colleague, Mr. Justice Dr. Javid Iqbal, who is retiring today after having served, as permanent Judge of this Court, for three years. His departure from, the Bench has filled our hearts with sorrow and this assembly with a parting gloom as we are not only losing a distinguished Judge, but also an inspiring friend and a brother, whose, cordiality and warmth we shall always miss. He is an embodiment of subtle refinements, illuminating enlightenments, talented sophistication, cultural configurations, ideological orientations, unexcelled patriotism, and positive approaches. 2. Mr. Justice Dr. Javid Iqbal has had a very eventful career both as a lawyer and a Judge and during this long period of about35 years he has kept himself engaged in literary pursuits. He inherited from his father, Dr. Muhammad Iqbal, a philosophic vision that imbued in him a logical perspective which he developed and pursued to his fullest capabilities and achieved great eminence in Pakistan. His literary attainments are not only recognized at the national level, but also abroad. Speaking of it the Villanova University conferred on him an honorary Doctorate in Humane letters in its 146th Convocation held in May, 1989, on account of hip recognition as a Jurist of international reputation. The President of the University in his address at the Convocation stated that the Villanova University was proud to recognize his contribution. Not only this the citation read by Mr. Kali C. Ellis, the Dean of Arts and Sciences of the University, stated: "when international tensions rise and confrontations /develop because of clash of interests and conflict between religious and secular ideologies, Justice Iqbal's voice of reason encouraging tolerance between divergent views, as well as communities, is recognized to have the repeutic impact". Mr. Ellis added, "that to Pakistan's credit, Justice Iqbal has presented Islam as a religion of tolerance and understanding of other creeds and faiths". There was a further recognition in the citation of his contribution to the promotion of human rights and democratic norms in Pakistan and other countries. All this reflects his mental capabilities of analysis, research, logic, learning, and its application to the concrete situations and problems. 3. Because of his eminence Mr. Justice Dr. Javid Iqbal was called to participate in a number of international conferences, wherein he read Papers on subjects, such as, "Future of Constitutionalism in Asia", "Islamic Culture", "Modern Trends in Islam", and "Prevention of Religious Intolerance". He introduced different aspects of the philosophy of his father at the international level in the Universities and Cultural Centres on significant topics, such as, "Muslim unity in the political philosophy of Allama Muhammad Iqbal", "Iqbal's Message to the Third World" and "Iqbal's Philosophy". His other notable publications include treatises .on "Ideology of Pakistan", "Stray Reflections", "Legacy of Quaid-i-Azam", "Maly Lala faam" and "Zinda Rood" (92;). 4. Mr. Justice Dr. Javid Iqbal has had the additional distinction of being elected as member of the Governing Council of the Center for the Preservation of Islamic Cultural Heritage at the meeting of the Foreign Ministers of the Organization of Islamic Countries held at Rabat in January, 1986. He was also elected as Vice-Chairman of this Center in July, 1986. 5. Mr. Justice Dr. Javid Iqbal also contributed a research paper on "Islamic State" based on numerous articles on the subject authored by him and read in three different International Conferences held at Houston (Texas), Indianapolis and Salzburg (Austria) between 1981 and 1983. His emphasis in this Paper was that the Muslim community is at liberty to evolve any mode of constitutional structure on the fundamental principle of mutual consultation. He projected the view that the ideal of an Islamic State can be realized in modern times by constituting welfare State in which Government is formed with the consent of the people and that in this setting the independence of Judiciary is essential. 6. Mr. Justice Dr. Javid Iqbal is a double M.A., of the Punjab University, and received further education in England. He earned his Doctorate from Cambridge University in 1954, and was canal to the Bar from Lincoln's Inn in 1956. That very year he entered the legal profession and, after fifteen years of lucrative practice, he was elevated to the Bench of the Lahore High Court in 1971 and ended his career in the High Court as Chief Justice before being elevated as permanent Judge of-the Supreme Court. It was his study of law supplemented by his training at the Bar and his mental aptitude that enabled him to analyse and render balanced judgments which eloquently speak of his knowledge of law, grasp of legal principles, knowledge of human affairs and analytical faculties. By nature he is kind, soft-spoken, and good-hearted, and the long years on the Bench groomed him to be a patient and a, humane Judge, ready to listen and to understand the view-points of the lawyers in his desire to render justice to the litigants. I have had many occasions to sit with him on the Bench and it was a pleasure for me to benefit from his inspiring discourse, and his insight of law. With his background of English language, he freely expressed himself in the judgments that he wrote. 7. In the adjudications that followed the period of constitutional , crisis in 1988, he stood by the unanimity of the Court in its several decision's to uphold the constitutional rights of the citizens, the rule of law, and the democratic polity of the State as enshrined in the Constitution. His contribution will ever remain a milestone in the judicial history of Pakistan. 8. Mr. Justice Dr. Javid Iqbal rose to the lofty heights of his eminence with his penetrating insights, power of analysis versatility in speech, comprehensive grasp, strength of his understanding, the firmness, frankness and the integrity of his character. Mr. Justice Dr. Javid Iqbal, if I may say so, is rightly considered as the glory and propriety of the nation. It is for this reason that his retirement from the Court fills us with a sense of real separation. The parting for me and my brethren is painful, but unavoidable. However, posterity will remember him for all his accomplishments, and with these words I bid farewell to Mr. Justice Dr. Javid Iqbal on my behalf and on behalf of my colleagues and wish him a very long, prosperous and healthy life devoted to the cause of creative and innovative pursuits and for causes beneficial to the polity of the nation. As I end my discourse I feel recalling a couplet: Khuda Hafiz! ***