Saturday, July 22, 2017

SC Panama Case Judgement and Crowds Clamoring for the Heads of Rich under Robespierre

It is worrying to see the sentiments of educated people and the functional illiterates (those who know how to read but are not readers) on the social media clamoring for the head of the PM and his family. They want an immediate decision and seem to have no patience for the "niceties" of "due-process-of-law" to be followed. They are shouting, screaming, cheering for the heads of PM and those related to him for the "crime of being rich". The crowds are being led and encouraged by those educated whose sentiments seem to have more in common with Robespierre during French Revolution.  It is interesting to compare the emotions of people clamoring for the head of PM to the mobs/crowds during "reign of terror" in 1793 France screaming "off with the heads" of the rich. Heads of thousands of aristocrats were chopped off by the guillotine for the crime that their hands were soft (meaning that they were not working with their hands) which implied that they were rich. This mood was then captured by Balzac in his famous quotation which was used by SC Judge Khosa "Behind every fortune is a crime" in Panama Case Judgement.  Balzac was an inspiration for Marx and Engels who were the inspiration behind the communist revolution in 1917 of Soviet empire that outlawed all individual enterprises and enforced "equality" of salaries and perks for all the jobs. Interestingly, this emphasis on artificial equality became the famous satirical expression "all are equal but some are more equal than others" that became the death knell for the demise of communism and Soviet Empire.

As I see the popular frenzy of the youth and educated on the media asking urgently for the head of the PM and ignoring and dispensing the requirements of due process of law, I am reminded of the Reign of Terror in France in 1793. I also connect it to the reference of French author in the SC Judgement of April 20 which starts with Judge Khosa's judgement that is spread over 200 pages and quotes Honore De Balzac "Behind every great fortune there is a crime" and then goes to condemn the rich using Shakespeare's Merchant of Venice quote: "To do a great right, do a little wrong”. Balzac was born in 1799 just a few years after the "Reign of Terror" and must have carried the emotions and sentiments of the crowds screaming "off with the heads" under the leadership of Robespierre with scant regard to due process of law.

This Balzac's statement "Behind every great fortune there is a crime" is categorical and is condemning all the wealthy people, a-priori, without trial and is thus a highly problematic concept to be relied upon in a court of law, and that too by Supreme Court which is going to make it quotable for decades to come. Fortunately, this view was rejected by the majority of the supreme court judges on the bench 3-2. The majority held that a person can not be convicted by an appellate court (SC) without due process of law in a trial court followed by his right to appeal.

It is interesting to note that Balzac emphasized class conflicts and inspired the revolutionaries and Marxists who hated the rich and gave birth to socialism and communism ideologies which emerged from Marx and Engels:
Marxist Friedrich Engels wrote: "I have learned more [from Balzac] than from all the professional historians, economists and statisticians put together".[128] [Wikipedia]
On the other hand irony of PM's situation in SC  can be seen as a great "Makafaat-e-Amal" as he tries to defend himself after the submission of JIT Report. His counsel is fighting to get the "fundamental rights of due-process-of-law" for the PM. Those rights that are trampled upon daily by the police and LEAs (euphemism for overt and covert agencies in Pakistan); LEAs routinely handcuff the common people for extortion and bribes, often forget the suspects after throwing them in jail for years, kill them in blatantly contrived police encounters and subject them to "forced disappearances" about which even SC can't do any thing, ..... I believe it is the pent up emotions of this deep sense of injustice in our society that has led to the situation that is resembling the time before the "Reign of Terror".

PM's attorneys are struggling to get the following rights from SC.
1. Right to a fair and open trial
2. Right to due process of law, getting charged first before being sentenced.
3. Right to be held "innocent unless proven guilty".
4. Right to a defense attorney during deposition.
5. Right to be presented with evidence and cross examine the evidence by their attorney
8. Right to cross examine the witnesses by their attorney.

Pakistan nearing this stage where educated and the energetic youth are clamoring for the heads of rich and are willing to violate the due process of law in their haste is really terrifying:
During the period of the French Revolution, and especially during the Terror (1793-1794) when the state enacted martial law, use of the guillotine skyrocketed. Led by Maximillian Robespierre, the Committee on Public Safety enacted a series of decrees that established a system of Terror, enforced by the state, in an effort to root out counter-revolutionaries and save the new Republic from itself.
Under this system, at least 40,000 people were killed. As many as 300,000 Frenchmen and women (1 in 50 Frenchmen and women) were arrested during a ten month period between September 1793 and July 1794. Included in these numbers were, of course, the deaths of Louis XVI and Marie Antoinette. Although all social classes and professions were targeted, the death toll was especially high for both clergy and aristocrats. The numbers of those killed and taken into custody were probably even higher as the documented numbers don’t include people killed by vigilantes and other self-proclaimed representatives of the Republic.
I believe that under no circumstance the demand for quick and instant justice from mobs and crowds and the pressure of popular sentiments should dictate the decision of Supreme Court of Pakistan. It would be disastrous for Pakistan. As we have seen that political issues can not be resolved through SC judgements. Gen Zia the dictator who toppled the government of Bhutton in 1977 tried to solve the problem of ZA Bhutto, the deposed PM, potential political protests through a contrived SC judgement on a criminal case of murder. He was hanged in 1979 as per the SC judge. The consensus today points towards the Supreme Court also admitting that their were serious lapse of the "due process". Popular opinion now considers the judgement as the "Judicial Murder"

See Also:

Friday, July 21, 2017

Why People Hate Poetry? Because Schools have Taught them to Hate Poetry!

Why people hate poetry? Because schools did not teach them "to love poetry" but they actually taught them "to hate poets and their poetry". If you want students "to hate poetry" ask them to (1) write explanations (tashreeh) of poems, and (2) memorize life history and style (tarz-e-kalam) of poets, (3) associate grades with their learning of poetry, (4) make poetry a mind-activity instead of a heart-activity, (5) value subjects according to their potential for earning and employ-ability. The schools have sucked the life out of poetry by forcing the students to consider it as an object devoid of life, feelings and emotions, something that resides in mind and not in heart. Poetry is about feelings and emotions and expressing those emotions through similes and metaphors. Poetry is not about dissecting in a pedantic sort of the way why, when and how to write and appreciate good poetry. Unfortunately, schools specialize in making the students hate poetry through all the above ways.

Wednesday, July 19, 2017

Shahjehan S Karim - Visionary Social and Ethical Leadership

Founder President of IoBM, Mr Shahjehan S Karim left this world for the hereafter today. Inna lillah e wa inna ilaihi rajioon. Several thoughts came rushing to my mind about this great man and his achievements that have been an inspiration to me and to countless others. [July 16, 2017]

Saturday, July 15, 2017

Essential Law for Masses: Perry Mason and my Learning

Would there be court room drama in upcoming SC JIT trial of Nawaz Sharif? Would there be arguments, counter arguments, counsels for the defendants and the prosecution? Would there be dissection of the evidence using the fine lens of law and constitution? Are there any Perry Mason (Erle Stanley Gardner's lawyer) enthusiasts of the fiction of court room drama around here?

Wednesday, July 5, 2017

Why no PM of Pakistan has ever completed his/her tenure?

All elected PM's in Pakistan starting from Liaquat Ali Khan were never allowed by establishment to rule during their tenure. Whereas there were three military dictators who comfortably ruled for around decades, not a single PM has been allowed to complete their five years terms. 
Not a single PM has ever completed his/her full tenure! 19 PMs in 70 years of our history till 2017.

Sunday, June 11, 2017

Ulema Decree (Fatwa) against Suicide Bombings, Targeted Killings and Terrorism

There is a need to propagate the clear position of Islam that suicide is haram, murdering is among the gravest sin, and even taking the lives of foreign guests is haram [1,2,3,4]. 
Extremist positions of takfeeris and kharjis have always been condemned by the mainstream ulemas since the early days as far back as following the shahadat of Hazrat Umar, the 2nd Caliph.

Monday, June 5, 2017

Ethical Standards for writing Recommendation Letter: A Deputy Commissioner's refusal in 1943

I came across this letter from a Deputy Commissioner of 1943 which shows the high ethical standards of that time. The letter refuses the request for recommendation from a friend on the grounds that the DC has never met his son and does not know the son. Contrast this with today when anyone is willing to write a recommendation for anyone whether known personally or not.

Saturday, June 3, 2017

Role of Sharifuddin Pirzada in Promulgating Martial Laws for Every Dictator of Pakistan

Sharifuddin Pirzada is responsible for assisting the violation of constitution and abuse of law by military dictators through the design of legal machinations and tools to subdue the judiciary and replace it with compliant judges. He supervised the drafting of the "mairay humwatano...." speeches for the coup plotters and dictators from Gen Ayub Khan, to Gen Yahya Khan, to Gen Zia to Gen Musharraf. This jugglery and twisting of law had been called wizardry for which he was titled as "Jadoogar of Jeddah"! He designed for dictators the instruments  for subduing the judiciary and legitimizing the violation of law and constitution as Martial Law, and its substitution with MLR, PCO, MLO, etc. Looking back at this history of usurping of the constitution and law and for his role in the promulgation of Martial Laws in Pakistan he should be remembered as:
Nang e qanoon, nang e aaien, nange e millat
Friend of the dictators, enemy of the people!

Wednesday, May 31, 2017

Fool Rejoicing in Someone Else's Marriage/Fight: Parai ki LaRai/Shadi mai Abdulla Deewana

This post details how Pakistan had been entangled in someone else's war in anticipation of some crumbs falling to Pakistan as a largess in US Wars. In all these cases the results have been disastrous for Pakistan. This post is motivated by Pakistan's another venture to join the new US' Middle East War that portends huge costs for Pakistan vis-a-vis its neighbors especially Iran because the US Alliance of Arab Countries which is dominated by despots and royals is primarily against Iran, and Pakistan desperately needs a friendly neighbor on the West because its influence in Afghanistan has now been eclipsed by India [1].

To understand the context of this post, please read At What Cost! Why Compute Economic Costs of Faulty Political Decisions: Pakistan History 101

Tuesday, May 30, 2017

Why Dictatorships are Weaker in Accountability than Constitutional Governments

At What Cost? Costs of perceived strictness of military dictatorships vs the reality of constitutional governments in Pakistan. The comparison in this post indicates that the perception of better accountability in clean dictatorship is not valid because in the long term the constitutional governments of corrupt politicians deliver a far better accountability than the dictatorships which are forever trying to buy their legitimacy.  The table below indicates the stark contrast of 9 years of dictatorship of General Musharraf from 1999-2008 versus 9 years of civilian governments of Asif Zardari (2008-13) and Nawaz Sharif (2013-to date in 2017). It is mistakenly believed in Pakistan that dictatorships are cleaner and better in managing the accountability than the civilian governments. This perception is mainly due to the misunderstanding of how a constitutional democracy conducts the accountability. 

To understand the context of this post, please read At What Cost! Why Compute Economic Costs of Faulty Political Decisions

Tuesday, May 23, 2017

Family Tree of Sadat e Nehtaur: A Case Study of Compilation of Social History

Sadat e Nehtaur Shajra Compilation Effort

Syed Mohammad Khurshid Alam Zaidi
Khursheed Alam Zaidi in his keynote address at a get together of Sadat-e-Nehtaur on 7th May 2017 related the impressive history of compilation of "shajra" of Sadat-e-Nehtaur. The shajra documents their history in India from around 1175 AD when the ancestors moved from Tirmiz to Kaithal and later settled in Nehtaur

جب شہاب الدین غوری ہندوستان پر حملہ کرنے کیلئے افغانستان میں آئے تو ان کی ملاقات *جناب میر سید کمال الدین ترمزی* سے ہوئی جو *بہ ارادہ تبلیغ* اپنے اہل و عیال کے ساتھ ہندوستان جا رہے تھے ‫. *شہاب الدین غوری* نے *میر صاحب* کو اپنے زیرِ حفاظت سفر کرنے کی پیشکش کی جسے *میر صاحب* نے یہ کہ کر قبول نہیں کیا کہ *ہم دونوں کے مقاصد مختلف ہیں‫. تم ِہندوستان پر حملہ کرنے جارہے ہو اور میں تبلیغِ کے لئے*‫. مگر میر صاحب نے اپنے ہمراہ *گیارہ میں سے ایک بیٹے (میر سید ابراہیم شاہ)* کو شہاب الدین کے سپرد کر دیا *(جو بعد میں ہانسی قلعے پر حملہ کے دوران شہید ہو کر وہیں مدفون ہیں)*.

میر کمال الدین کے ایک صاحبزادے *میر جلال الدین* کے عیال میں سے ایک صاحب *جناب میر سید حسن (نہٹوری)* نے ہمارے خاندانی قصبہ (نہٹور) میں نقلِ مکانی کی‫. ہمارا موجودہ خاندانِ *ساداتِ نہٹور انہی کی عیال پر مشتمل ہے.

Monday, May 1, 2017

Importance of Literature in Law: A Case Study of the Panama Case Supreme Court Judgement

Importance of literature in law and legal judgments and arguments in the floor is an established tradition. This post collects together various quotations from masterpieces of literature in the Supreme Court judgement on the Panama Case Scandal on April 20, 2017. It also contains the references to Quranic definitions of Sadiq and Ameen. I think universities can use this judgement to enable a deep appreciation of how matters of law and constitution are analyzed in the context of culture, literature, religion, constitution and history. This judgement is also a very good example of how qualitative research methods are employed in dissecting the arguments and then reaching a judgement.

SC judgement starts with the following attribution to Mario Puzo's Godfather and Balzac:
Asif Saeed Khan Khosa, J.: The popular 1969 novel ‘The Godfather’ by Mario Puzo recounted the violent tale of a Mafia family and the epigraph selected by the author was fascinating: 
"Behind every great fortune there is a crime." — Balzac

Sunday, April 16, 2017

Mukhtar Masud's Awaz-e-Dost and Love for Literature and History

A literary social autobiography that is poetry in prose; beauty in words and imagery; each sentence contains a world of meaning, ideas, conflicts illustrated through metaphors, and references to deep historical events, people, places, contrasts, arts, architecture, insights, classics, writers, leaders, historical figures.... A book that gives a personal view of Pakistan history through hopes, aspirations, longings, feelings, inspirations of a person who was there in Aligarh when Khalida Adeeb Khanum was speaking and flowers were raining down on her in the auditorium, when Quaid e Azam's carriage was being hauled by the students from the station, when Iqbal came and spoke,.... . Extremely poignant vignettes of Raja Sb Mehmoodabad, Zafar Ali Khan, Toynbee, Bahadur Yar Jung, Majaz...... Takes you to that time and that world and that era when history was being made. And later in the 1950-60s when the leaders who made Pakistan were being sidelined. Makes you feel as they felt. Makes you wonder why people can't feel it that way again. My father was there in Aligarh during those times. This book depicts many of his feelings.
Mukhtar Maud (M). Irfan Hyder (L), Omar (R). June 2008

Wednesday, March 22, 2017

How do I lift thee from the mundane: Musings of a Dean

How Do I Lift Thee From the Mundane

What a fleeting time is youth!
that beckons the future
that walks in beauty
that gallops with force
that exudes energy in every motion
that dances with the daffodils
that climbs every mountain
that explores every valley
that aspires for the stars

Monday, March 13, 2017

5 Phone Behaviors of Employees who Need to be Fired

Based on my experience with dealing with people over the last so many years, I have identified the following phone behaviors that should raise a red flag about the ethical values and personal responsibility of an employee. A manager can use these phone behaviors to identify the employees who need to be fired or got to be replaced:

Thursday, March 9, 2017

5 Major Misconceptions of Muslim Parents regarding Parenting Challenges of the 21st Century

[Themes of this post were presented at Forward Institute for Educational Bridgework Seminar on Jan 27, 2016. ]

Note: This post is specifically written for Muslim parents and presupposes reader's belief in Quran and Sunnah.
Over the last few years I have come across Muslim parents who are making extra effort in following Sunnah. However, their over-emphasis on "school education" seems to be backfiring creating several issues stifling the growth of their children. Their misplaced emphasis and strictness reveals several major misconceptions from the Islamic point of view:

Saturday, March 4, 2017

Why Students Avoid and Stop Taking the Course of Some Teachers: 7 Top Reasons

Over the last 37 years in higher education  as student (from 1980-94), and as faculty member and academic administrator (since 1995), I have come across scores of instances  where students went out of the way to avoid certain teachers, dropped the course en-mass, ganged up to remove the teacher, walked out or simply dropped the course whenever it was possible possible. Here are some of the top reasons for why students avoid certain teachers and drop their courses en-mass:

Sunday, January 15, 2017

Why Educational Experiments are "Doomed" to Succeed?

It is often said that all educational experiments are doomed to succeed [1]. Here is my different take on this from the perspective of an educational reformer and educational leader.

There are tons of methodologies, experiments, strategies and their resources that are available to teachers. However, when a teacher designs a new educational experiment, it often means that he has exhausted most of the existing material that he could lay his hands on. He is so frustrated and so angry that he feels inspired to design a new educational experiment of his own.