TRIBUTE PAYED TO HIS LORDSHIP JUSTICE IFTIKHAR, RETIRED FOR GOOD…………
……………LIVE IN LIFE ( TO BE REFERRED AS “J Ifi”
In archive of annals, there was a giant, named “Mr. Justice.”
Having one eye, exhibited stance of “Partial Justice,” called, “One-Eyed-Justice.” His predecessor-in-Chief inherited one eye and lived in caves. Through reincarnation, became humanbeing.
One-eyed-Justice gained popularity in Maharaja Rangeet Singh’s era, as it is said that all the files in font blind eye were rejected and person subjected to torture, humiliation, victimization and third degree assault. In front healthy vision, were subjected to lenient view and patronage…called “pick” and “choose.”
Justice had a reckoned parameter since Umer (RA) days. He was occupying the Chair of judge, when someone, raised the validity of his shirt, because, the distributed cloth was insufficient for shirt of person, as tall as Umer (RA). Instead of issuing notice and framing contempt charges against complainant, he asked his son to reply. Son said, “I gave my share to my father, the Calif.
In Second World War, when England was in turmoil. Someone asked Prime Minister Churchill, “Country is a stage of uncertainty with chaos and destruction, everywhere!”
Mr. Churchill said, “How is Judiciary delivering……?” Was told unbiased justice at gross root leve is seen being delivered!
He uttered in golden words, “As long as Justice is delivered irrespective of status to masses, no country can destroy Britain!!!”
Unfortunately, in Pakistan, we are copying each and everything of Britisers, but not “Deliverance of Justice?????”
Justice is not subservient to an “Exhibitionism” through drumming “Suo Moto” without fructification of own orders!!! Pick-n-choose” being hallmark of decisions. Not out of context to quote personal experience meted at the hands of justice ibid J Ifi:
For the back ground, being an Associate Professor and Head of Department in Specialty, was coerced to award Distinction to Mr. Qasim ( Wish name is correct) s/o sister-in-law of Ameer-ul-Momineen Nawaz Sharif as Prime Minister, with younger brother, Mr. Shahbaz Sharif, Chief minister of Punjab. For the first time in Punjab University history the External Examiner Suo Moto marked complete questions, awarding him 96% marks in Forensic Medicine & Toxicology. The Head Examiner always is Internal Examiner; he checked and reprimanded the External Examiner and awarded candidate 53% deserving marks. Result was that Head of Department was transferred out prematurely, whereas, senior most is posted in King Edward Medical College, Lahore. He/she remains till attainment of age of superannuation or death, whichever is earlier.
Petitioner transferred to Bahawalpur there an enigma of career got enshrouded, making Bureaucracy permanently hostile and adamant against the promotion as Professor of the incumbent on all fours.
Crux of justice:
Petitioner’s advocate, before entering Court Room, took out his valet from pocked and took out Rs40,000/- and said, “I find hostile attitude of Judges qua you yourself appear in person as I shall not appear!” I replied,”Hifiz Sahib, the case has not been called for, as all judges are sitting in J Ifi’s chamber up to, now within ensuing break hours, how can you apprehend?” He said, “Sorry, it is my career as I have to appear in different cases, to earn livelihood.” I refused to take back money after three years.
10-15 minutes, short of break, full bench entered Court room. J Ifi occupied central chair and threw himself back into chair. Said,”Dr Sahib! Have you become Professor?”
Dr,”No my Lord, not yet.”
J Ifi,”How can you jump over with two steps? Being an Assistant Professor and promotion to Professor”
Dr,”My lord, my promotion case had Political-o Bureaucratic mafia, who, designated me as an Assistant Professor, Forensic Medicine & Toxicology before Punjab Provincial Selection Board theretofore stood promoted as an Associate Professor by the ibid Board. Long before”
J Ifi,”Would have pointed out then!”
Dr,”My Lord the ibid impugned judgment is void, being inconsistence with Principles Of Law laid down by author Judge, His Lordship Mr. Justice Muneer whereby superstructure constructed on void orders falls to naught.
J Ifi,”Would have pointed out then!”
Dr,”One final point for humble submission, if permitted! J Ifi, fixed his chin into chest and closed eyes.
Mr. Justice Mirza,” Ok, comes along Dr.”
Dr,” His Lordship Mr. Justice Kjhalil-ur-Rehman not only participated and was author judge, besides, decided, in favour of Punjab Government, while admitting the case. My lord, in term of Principle of Law as enshrined in Federal Court Judgment 1953, Mr. Justice Rashid:
Mr. Justice Khalil-ur-Rehman could not participate in Supreme Court as author judge as Chief Justice of Federal Court (Analogue of Supreme Court) upset the validity of Mr. Justice Rustam Kyani, author judge of High Court, being member of the bench. Theretofore Mr. Kyani was Secretary Law/Solicitor, when he opined against Session Judge and allowed filing of Writ Petition in the High Court.”
J Ifi,”Would have pointed out then!!!”
Left with option, leaving the rostrum, heard a voice!!!
Mr. Justice Reza Khan,”Dr Sahib! What were your earlier contentions in High Court?”
Dr,”1.Wheteher PNDC Regulations were operative without being incorporated in Service Rules”
2. Whether High court or Services tribunal had jurisdiction?”
Mr. Justice Khan, “Well, the earlier judgments have attained finality…….!”
Mr. Justice Hamid Mirza,”Yes! I said so, earlier in Chamber, too.”
Dr,”My Lords, my Paper Book-3 is relied upon by my class fellow in D M J, Dr Inayat-ur-Rehman, Who relied the Principle of Law laid down by Mr. Justice Main Ajmal in my original Supreme Court Judgment. The ibid Paper Book got skipped over while writing the impugned judgment.”
J Ifi,”Would have then said so!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!”
Mr. Justice Reza Khan and Mr. Justice Hamid Mirza wanted to have the opinion of Mr. Justice Falak Sher, who was staring the floor with drowsy semi closed eyes short of Crocodiles Tears!!
Petitioner inadvertency, filed the petition in the Court of God the Almighty…decision still awaited!!! Praying some Mr. Justice messiah takes Suo Moto action to redress my genuine grievances!!!
Dr Zaffar Bukhari. Email: firstname.lastname@example.org
Prof. Forensic Medicine & Toxicology.