Gharib Khan Key Muqaddima Ki Kahani

B00K REVIEW B00K REVIEW Gharib Khan Key Muqaddima Ki Kahani (Urdu) A Lay Man's Encounter with Law By Mr. Taki Khan, Bar-at-Law Lahore The book which is in Urdu Language tells us about the social malaise which set in after the debacle of 1971. This catastrophic event which cut off the Eastern Wing of Pakistan produced superstitious beliefs, absurd notions, self-pity cynicism, unknown fears, violence, discomfort and distrust of future. Theme of the book is disheartening delays in the decision of cases. The litigant is bewildered by the slowness of judicial machine and multiple shoots which spring-out of civil suits. Ghairb Khan had pinned his hope on the strength of a written agreement, but he faces a never- ending sequence of adjournments in his suit. Sickness of counsel, death of a relative, strikes, the court being on leave, transfer of judicial officer or stay orders restraining the trial of suit, even heavy rain are some of the excuses for postponing of cases. The litigant, who braves the fury of rain and cold to reach the courts of law goes back in the evening . disconsolate and dismayed. The courts are not solely to be blamed for the delays; the litigants, with the help of their counsel, ply every stratagem to tire out their adversaries out of the legal arena, particularly if they have a weak defence. This is done by launching false suits and criminal cases against them. The courts are groaning under the weight of frivolous litigation. The book tells us that frivolous suits are filed to stay a wedding ceremony; to establish that it is the sun which moves around the earth; to repel the merry witches;. to restrain the army from recruitment of medical personnel. The tragic tale of Hassan tells us that the mighty and powerful are beyond the reach of the courts and how the people despaired by legal process resort to self-help to resolve their disputes, even by hiring out laws to recover the debt or amputate the hands and feet of their opponents, which shows their distrust in those who are engaged in the legal profession. The book exposes the absurdities in our social attitudes. A person is demeaned not for any fault in his character, but accident of his birth in an artisan family. A wife is bashed by her husband, because her husband's sister had bade him to do so. A Magistrate tells the accused that he should expect torture at the hands of police and not lollypops. An accused attributes his acquittal not to the legal expertise of his counsel, but to the intervention of a saint. At the end of story, the author offers a choice to the reader to end the travails of Gharib Khan, either happily or with more troubles in store for him. The first part of the book gives a view of loping judicial system; whereas the second part carries suggestions for its reformation. Law is a living system, which needs continuous change to keep up with the changing realities of life. The archaic rules of pre-emption are in direct conflict with the rule of economic efficiency, for they restrict the freedom of commercial enterprise and if the claim succeeds, it inflicts huge and unjustified loss on the buyer. The rules of contract which were formulated in the hey days of laissez-faire are obsolete, because the idea of social welfare has over-taken and replaced the foundation of contract law i.e. doctrine of a laissez-faire. The rules of conduct framed by colonial rulers are discordant with the political and social needs of a free society. The books available on law are full of legal terms, which are difficult for an ordinary reader to comprehend. The overall view conveyed by such books is somber, if not cynical. The globalization of the world trade, the system of `Qazi' to succeed, which was efficient for a simple tribal society, but unsuitable in the complex modern world. Moreover, the lawyer are conservative in their out-look"' and any move for change in law or procedure is strongly resented by them. The book is priced at Rs. 250/- and is available from `Maktaba-e-Abdullah' 791-Shadman, Lahore.