Judges' oath in 1981

After a stint of more than two years as law secretary in the federal government; I came back to my own High Court on the July 1, 1980. It was like homecoming. But, the euphoria did not last long. In March 1981, the military government prescribed a new oath for the superior courts judges. The date on which the new oath was to be administered was March 24. The text of the oath had not been published. So, when the judges assembled in the common room of the High Court, they directed the Registrar to get the text of the oath from the governor's office. The oath was also to be taken in the Governor House. A little while later, the Registrar informed us that the governor had refused to furnish the text on the ground that the judges would know the text anyway while reading it. In these circumstances, I was of the view that we (the judges) should all go to the Governor House and take the oath. However, if there was anything amiss in the oath, we were always at liberty to resign. A judge's resignation is not subject to acceptance. It takes effect the moment it is tendered. So, I joined those who went to the Governor House. There, while we were waiting in the lounge, a message came from the chief justice (who was with the governor at that time) that two other judges and I would not be administered oath. So, the three of us left for our respective homes. Speaking for myself, I felt relieved because now the responsibility had shifted to the shoulders of the chief justice. The news spread like wild fire. A large number of lawyers gathered at my official residence mainly to sympathise with me but also to offer whatever help I needed. As soon as I reached home, I returned the official car to the High Court. But the next morning, I received a telephone call from the chief justice that he was coming to see me and was also bringing the car back. He arrived as promised and tried to persuade me to take oath, as the refusal to allow me to attend the occasion and give oath was based on a misunderstanding. When I refused, he tried to pressurise me through my wife. But, my wife's reply was that she would always stand by me, no matter what. (For this steadfastness on her part, I will remain indebted to her all my life). My reason for the refusal was that because I had read the text of the oath, which in effect meant an oath of allegiance to the martial law regime as against the constitution. Therefore it was immoral to repudiate the earlier oath unilaterally. That day the chief justice went away unsuccessful, but maintained the pressure on me for some weeks. The government also tried, in vain, to persuade me to accept some other appointment of equal status. These efforts continued until we surrendered the official residence and went to Peshawar (i.e. for a month and a half). When I gave up the office of judge, the kind of moral support I received from the members of the Lahore High Court Bar was unparalleled. Some of them offered their office, some their house, some cash and so on. And in none of those offers was there even a trace of hypocrisy. In addition to all that was the encouragement to join the practice of law. Their love and sincerity had a great impact on me. This was one of the occasions, I mentioned earlier, when the Punjabis really won my heart. However, it is my duty to point out at this juncture that if the lawyers' brotherhood had with the same intensity opposed the military interference with the independence of the judiciary as they showered love and affection on me, it would be a great service not only to the judiciary but also to the whole country. In fact the course of history would be different. After all I was only an individual. It is very strange that in our country individuals are given precedence over institutions. Consequently, the institutions are getting weaker. Can this tendency be arrested? I fail to understand why those at the helm of affairs cannot realise that unless the institutions are strong, there can be no progress worth the name. By "those at the helm of affairs", I mean not only the politicians but also the civil and military rulers. Respect for law and the institutions must be taught at least at schools if not at homes. Are we not mature enough to understand this simple point? When are we going to mature? While waiting for national maturity, we may not reach the point of no return. Our leaders or social reformers should address this issue without further loss of time. Bodies like Bar Associations can also do a lot in this behalf. The writer is a retired judge of the Lahore High Court

ePaper - Nawaiwaqt