Soli J Sorabjee
Last Updated : 18 Sep 2011 03:33:56 AM IST
Lahore Seminar: “Justice for All and Impunity for None” was the theme of the regional seminar organised in Lahore by Asma Jahangir, the indomitable president of the Pakistan Supreme Court Bar Association. The theme of the seminar had many facets. The recurrent note was that grant of impunity to persons who have committed grave offences is tantamount to injustice to victims and their families. Moreover, impunity leads to subversion of the rule of law because experience shows that the beneficiaries of impunity are the rich and the resourceful and often politicians and ministers. There is no deterrence to commission of crimes because the criminal believes and is sure that he will get away by fixing the police or the judiciary and if that fails, by securing amnesty from the government. The hallmark of a society based on justice and the rule of law is that crime does not and should not pay. When crimes go unpunished or sentences handed down by courts are commuted, a climate of impunity is fostered which ultimately leads to collapse of the rule of law whose cardinal tenet is “however high you may be the law is above you”.
A galaxy of speakers addressed the conference which inter alia included Iftikhar Chaudhry, the chief justice of the Pakistan Supreme Court. The applause and reception he received unmistakably indicated his popularity and the high regard in which he is held by the legal fraternity. Another message which emerged from the seminar was opposition to military rule and determination to prevent its re-emergence. Retired justice of the Pakistan Supreme Court Fakharuddin Ebrahim firmly declared amid applause “that the military will not come. And if it comes we will resist”.
Chief Justice of Lahore High Court Ijaz Ahmad Chaudhry gave homely advice to lawyers and judges. He stressed that lawyers have a duty to protect human rights and the rule of law in times of crisis, including declared states of emergency. The chief justice mentioned that in order to expeditiously dispose of murder case, judges were prepared to sit beyond normal hours and bemoaned the fact that lawyers often refused to appear after regular court hours. He urged lawyers to find a way of protest other than court boycotts because their frequent strikes had increased the case backlog in an already strained system.
Apparently, Indian and Pakistani lawyers have some similar traits. Another interesting part of the chief justice’s speech was his admonition to judges to be patient during court proceedings and not to insult or make offensive comments to lawyers. To be fair, our judiciary does not need this admonition except for one opinionated publicity-conscious judge in our Supreme Court who is fortunately on the verge of retirement.
The seminar was largely attended. Apart from several Indian participants, there were speakers from Sri Lanka, Bangladesh and Fiji. It was a stimulating experience. The most remarkable part of the Lahore visit, however, was the warm overwhelming hospitality of the Pakistanis. At times the hospitality was embarrassing, as for example when a shopkeeper on learning that I was an Indian visiting Lahore refused to accept payment for some items I had purchased. How unreal it appears that India and Pakistan could be at war with one another. We should resolve that this doesn’t ever happen.
Paradoxical India: The majority of our population comprises people struggling to make two ends meet. The middle class is relatively better. Today, there are radios and TV sets in their homes. But they are far from being crorepatis. That distinction belongs to ministers, the so-called servants of the people. Latest figures record that 77 per cent of our Cabinet ministers are crorepatis. Heavy industries minister Praful Patel who has assets worth Rs 122 crore tops the rich list, followed by junior Information and Broadcasting minister S Jagathrakshakan worth Rs 70 crore and Urban Development Minister Kamal Nath worth Rs 41 crore. This is the cruellest paradox in our country.
The writer is a former Attorney General of India
Courtesy : The New Indian Express
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