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‘Its difficult to be a Devil’s Advocate’

27 September, 2007

By Amjad Malik


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Post 9th March 2007 whilst lawyers of Pakistan gathered storm in support of a victim Chief Justice and received nation’s appreciation all around, at the same time a few emerged as devil’s advocate on the national scene too. In adversarial system its common that you have a brief, either for or against and one has to lose the case too and accepting defeat graciously and winning honourably is the key, however its opposite in Pakistan. No one wins or lose normally.

Whilst condemning the acts against Naeem Bukhari, Khalid Ranjha and Wasim Sajjad a few renowned lawyers and a TV star in Pakistan as well as an un called for show of aggression against President’s chief lawyer cum spokesman Mr. Qasuri is condemnable in the highest terms, at the same time, those so called barristers who wish to render their services as devil’s advocate must be aware of the public sentiments which always go against those who argue for their brief as well as publically incite hatred against the popular cause. When a lawyer  represents a case of public interest, criticism of good and bad comes with the job, however when one over represents, one mixes rightly or wrongly one’s representations with one’s aspirations, and same is the case with a few stalwarts as they are never aware when and where to stop. In this context Mr. Pirzada the magician lawyer and S M Zafar are noteworthy as they never go out of their brief. General Musharraf devoid of legal sanctity is without doubt the most disliked legal animal in Pakistan at the moment, declared ‘an endangered species’ by Ms. Bhuttoo and let alone winning, fighting his case is not an easy job and publically representing I believe is the job of his clan of Q.

In my practice in Britain, advocates exchange views, fight their cases in courts tooth and nail  and during breaks or in the end often have a cup of coffee together in the bar room or court lounges. They are always cordial with each other and always show respect to the other side lawyer and at all times address them as ‘my learned friend’. The incident which we are witnessing on television these days of blackening faces are rare in my years of practice in Britain. In fact, there is truly a culture of tolerance, acceptance of each other’s views and accepting defeat in the land where all the barristers are produced. In fact, lawyers as other professionals perform their professional duty and in principle they must not be penalised for performing their professional duty. 

Its a red hearing for those who whilst representing initiate a debate and express personal slanderous views without evidence or justification about past or present popular leadership or a cause. In Pakistan if you wish to be a gutsy lawyer and publicly wishes to say to a bhuttoites that you are the one responsible for sorting him out or declare Shraif’s traitor or call lawyers as foreign agents then either you are mad or you are with beggars’ belief that those who are paying you to represent a case will come to rescue you for your madness. Or it will be highly unlikely that millions of supporters of those individual parties or cause will  welcome you after those remarks with flowers as tolerance level is not that high yet in Pakistan and those who pay will rightly justify their payments for what one reaps for being a devil’s advocate in the end.  

However, the lawyers movement and its leaders must preach sanity and their papers on law must be apt to be considered by main stream political parties for their manifestos in coming elections. If wisdom is not preached at this juncture then the whole argument will fail where thousands of lawyers supported the cause all around the globe. Senior lawyers must consider the sensitivity of the situation, decorum and use their oratory for the sake of Pakistan and nomination of Wajihuddin Ahmed I think is a starting point towards the right direction.

Initiation of spade work early as possible is the message from abroad , as the independence of the whole institution is the aim and it must not be linked with winning one case or restoring one judge.  Nexus of our judges with Generals so far in Pakistan hindered democratic flow and process and the struggle must be for strengthening the institutions rather than promoting individuals. If system is strong enough and is allowed to run at its full capacity with free media and judiciary as monitors, it will automatically start chunking out leadership as is the case in India, Britain and United States.

If these dreams are to be translated in reality then visionary orators must keep their road map to the goal intact. Crucial topics such as appointment of judges via non political and unbiased commission, non controversial non political ethical future lawyers who in the end become  judges, politics free bar, training of lawyers and judges, accountability & financial autonomy of top judiciary including their  protection and true separation of administration from judiciary are the questions which as a overseas Pakistani lawyer I can think of to start with though I know that the true work will start when Ginny is in the bottle and military is shown  exit from the civilian set up. However, what if that happens overnight, therefore lawyers must be ready to play their due role even if the task lands on them all of a sudden.

Reader Comments:

Rejuvinated Judiciary to help Nation Building

Our Judiciary is revitalized but it has no mandate to eliminate from the election process, all elements of sham. Judiciary cannot act Suo motto against our unseen enemies. We shall have to find our real enemies before making any move to infuse allusive sanity in our political system. We are fighting a covert war against our own selves in the name of Terror.

We often fail to see the most obvious. Imagine why senior officials of the US government "routinely visit" Pakistan and also intercept our President on his unscheduled foreign visits? Is the obvious too oblivious to be seen? Are these routine visits to meet our high-ups not part of their normal schedule of work? Is it not normal for any organization to provide superintendence? Is our President free to make his own judgments and perform his functions accordingly? Is the Chief Justice issue so simple as it appears on the surface? Will the "Benazir Deal", if it finally comes through, not be true to its literal meaning, i.e., a "deal without parallel"?

We need to understand the gravity of our situation created by well calculated moves planted by those, we senselessly call our friends. It is quite clear now that, even President Musharraf is not taken into confidence about the whole sequence of emerging events. His last meeting with Benazir shrouded in mysteries was in fact a "check" to the King Piece, after the covert chess-like sequence of "moves". All other events happening in sequence are well planned, which surface at appropriate stage in the Game of Chess being played by the Grand Masters. And a hard-boiled commando soldier trained to use brute force and survival instincts more than the mind, is least expected to play in such a game. He is the King Piece being " checked and moved" by the masters of the game.

What is the way out of this horrible quagmire? Can we rely upon dead horses to rise and pull our cart of destiny? Is our ignorance a bliss? Are we not killing the very purpose for which our ancestors sacrificed their lives and created our Motherland? Are we not being unfaithful? Are we not being manipulated? Can we ever understand who really are our enemies?
Unfortunately, we have long lost our strength which our founding father had simply explained being in "Unifying our Faith with Discipline". Ungrateful, unfaithful undisciplined lot, as we are today, fractionalized and weakened by vested interests, can only gain our lost glory if we grab and hold fast, our lost basic ingredients pinpointed by the Father of the Nation, which could have made us a self respecting and sustaining nation and which the vested interests are doing and will continue doing to deny us of the goal. Our renewed Judiciary can only help in this struggle, if it can find a way out to get the nation released from the clutches of the fortune-hunting, self serving politicians acting only as "Pieces on the Chess-Board" for their masters and help replacing them with capable people believing in the power of Faith working through disciplined Unity, marching with honour to achieve our long lost goals as a free nation.





M.Saeed, Pakistan - 27 September, 2007

It was Iftikhar Choudry who performed devil in the whole episode.
He blackmailed the government with his violent protests, threatening peace loving citizens.
With help of devil journalists and media he blamed many senior judges of the same judiciary for being dishonest and biased for no good reason.
Ungreatful Iftikhar Choudry remained unabated by the good gestures of a Pakistan’s President, who later appointed Judges as he wished, in order to eliminate the slimmest of chances of unfairness in his case.
Where as one eyed devil continued his protests under the umbrella of un-democratic political parties and managed to intimidate the judiciary which lead to a decision architected by violence and media blackmail.
Now coming to the media blackmail will remain a documented dark times of Pakistan when few devils hijacked our society.
After his forced reinstatement, devil came out in open and misused his authority and ruled that all exiled devils should come back to Pakistan.
Much to the efforts of devil Iftikhar out friend Saudi Arabia jumped in and saved us from the biggest saitan.
May God help this nation from the selfish acts of devil Iftikhar and my sympathies for those who suffered losses and humiliation by the saitanic acts of devil clawn.

Siddique, Pakistan - 27 September, 2007

Devil's advocate vs Democracy Advocate

Banker PM Shaukat Aziz best understood that money used by IMF Loan do not go too far President Musharraf believe that he is poor like India‘s PM Late Shastri.Imagine dedicated poor Fidel Castro contributing towards world peace.Imagine those who seem dedicated to fight to retain independence of Pakistan and Islam .They are trying hard to project Pakistan as progressive like In Iran and elsewhere.But what is a Covert war against God’s Law.Who is devil’s advocate.Peaceful Muslim Hindu Hindus Buddhist Monks Christian church goers Jewish synagogue worshippers and millions of human Birds bees’ insect to universe Wheel of Management are God’s advocate.Who is devil’s Advocate ? “We are indeed fighting a covert war”.Election candidates wish to rely upon IMF loan because they think money comes from IMF. Unfortunately Devil’s advocate disturbed peaceful Monks Religious Students Mullahs priest reverend .World Poor like above pray to God for basic minimum sustenance. Who is bypassing God’s law? Who is trying to send God worshippers law abiding citizen democracy followers Into Hell. This is the covert war on independence of God’s follower (law abiding citizen).The devil’s advocate persons and devilish leaders swindlers have started fighting covert War.Tens of Thousands of foreign soldiers and intermingling covert war mongers and those who wish to acquire office in the name of IMF loan seem to be creating covert war As and for devil’s Rule. There used to be Catholic Protestant war IRA war WW1 WW11 until Shah Iran sheiks of OPEC came with Gulf war. They are now rich happy and contented.Victim remain mainly Muslims.Only Muslim Nations are victim surrounded by looters using dailywith introduction of more sophisticated vehicles and technique to keep pumping oil and resource creating covert war. They are truly over greedy and they are in writing off Monks Priest Rabbis true Poor Citizens of the world .Democracy is just election selection. At the end of the day Human and animals still remember God amid nightmare Dreams and Devilish activities of the day around the globe home and abroad.What is covert war of Mafia operating side by side these soldiers and Hell creator while selling
IMF loan to would be election candidates and simple mullahs monks and military junta
Who think money comes from bank machines and IMF loan.


Z Billo, United Arab Emirates - 27 September, 2007

Lawyers were politically motivated and not all lawyers were sincere.

Lawyers were successful and they should have continued towards freedome of judiciary.

Our judicial system is not free and people still have the same problems.

I would make a humble request to lawyers that please only concentrate on judicial system and bring forward demands to improve the conditions of lawyers and judges.

Imran Siddiqui, Canada - 27 September, 2007

Judges are for Judgement in this Democracy layout

The layout of judiciary within Democracy invites Lawyers
To become Politician.Both Clintons are lawyers.In Canada all lawyers become PM or premier .Political Parties and Candidates should be advocating themselves how they are going to run democracy with growth in economy Trade employment justice using the resource and talent of the country.Comparatively US Canada UK and allied remained hooked up in Devil’s advocate “sanction”. Sanction killed more Iraqis than war.Now sanction against Iran. Now Sanction against Burma .Attempting to send Monks into Hell is bad. Canada is richest country with half the population of Myanmar. Burma is size of Texas still doing business amid Sanctions.USA has more than 50 states. Devils advocates Sanction bring investor IMF and looters.Actionists and Rookie (inexperienced) Election Candidates seem A method of growing rich via extracting resource. Canada is bringing in Heavy duty armoured cars called Huskies in Afghanistan. Canadians achieved US$1=Can$1 perhaps after publicity in Paktribune Battle of Hunan with Canada 8 times more oil than OPEC world combined.Yet Burma losing oil tin while their Coal tar secured growth Amid sanction.Malaysia phobia Islamophobia Sanction amid tin Rubber oil acquisition come with Devil’s advocate. In short Candidates better stress. Usually Mullahs rush to Masjid Judges rush to court Lawyers run to litigation or law client while Military and soldiers are suited for defence duty with meagre wages.


zmb, Hungary - 27 September, 2007

Judiciary's resurgency is heart warming.

Mr. M. Saeed has made forceful comments on the current situation. I wish to add as to how torekindle our faith.
In a way, we Muslims are a unique community in the world. These is one single Book, accessible to all people, not at all difficult to learn valuable knowledge from its messages, which are sparkling with gems and, above everything else, with forgiveness from the most merciful, of the merciful God. That Book - the Qur'an - changed my life among hundreds of millions of other lost in darkness. You may start from any where. It will convince you that it is easy, self-propelling and mellowing the heart. Let us begin with the basics of the basic: poverty. In all ages the rich have not only tolerated poverty but exploited it for selfish ends. One "Dalit" - Untouchable - girl in India's 240 million populations is raped every five minutes. Could anyone stop it through legislation and democracy? It is the poverty and ignorance that nourishes it. Qur'an's sender is the God of all mankind. He created a community of Muslims and taught it how to make a resonant resurgence from obscurity. Islam eschews violence and disturbance in peace. It addresses both individuals and communities in a manner that the former is attracted to the larger community for human welfare.
Islam declares that to provide subsistence to all living creatures is owed by Him alone. To the believers in the formative years in Medina, he revealed through a verse in Chapter Al-Baqara spurring everyone to spend on welfare of the needy out of what God had provided to them
It was promised that a piece of "Khajoor" would swell to as big as the famous "Ohed Mountain." Thay it did grow into size and volume of that much is enshrined in history. Two hundred forty million needy and rotting communities is looking towards the teachings of Qur'an to catapult them from the dark abyss into a mature democracy. The revolution can begin from our own country, by both individuals and community leaders. The one big condition is placed that it has to be done for the love of God and His Prophet. The practice of what was called "Sadqa" erased poverty by the miracle of affluence attached to it. This was followed by a formula that multiplied spending on the needy seven hundred times -(does this comes to seventy thousand per cent). The neighbour Jews living around the city and a trading community looked the miracle happening with surprise and amazement. Ya, it would be the same here and in India by the spectacles. Once you get out of poverty and become affluence, there will be no stopping it. Let there be another example: Says the Qur'an: "Who is it that responds the distressed when he calls out to Him and who removes (the) cause of the) ill and has made you inherit the earth? Could there be any power beside God? How seldom do you keep this in mind!
Take another glowing gem: The will ask thee as to what they should spend on others. Say: "Whatever of your wealth you spend shall (first) be for your parents, and for the near of kin, and the orphans, and the needy, and the wayfarer; and whatever good you do, verily, God has full knowledge thereof."
Jawaharlal Nehru wrote in "Glimpses of World History": "It is very strange that the Arabs who for centuries had lived a sleepy existence should suddenly wake and show such tremendous energy as to startle the world. The story of the Arabs and how they spread over Asia, Europe and America is one of the wonders of history."
Ya! How the Arabs developed their civilisation? It was through the messages of Qur'an. Here is a Jewel: "But withal, if one is patient in adversity and forgives - this behold, is indeed something to set one's heart upon." Forgiving in anger is rare? Why? It is because don't read and learn from the Qur'an and we fail to draw its deep meanings and lessons. We are way off the mark of politics and democracy. It is because we are not sincere to our Lord, Almighty God. We have become so impulsive that we would make a cheap leader a "cult personality." There are Mujaddids. Qutubs, Gaurs, Roohullahs, Ayatullahs, and Hazrat Qibla so and so...The Qur'an calls the true lovers of God "Aulia Allah" - God's friends. Let us get out of the abyss in which our Maulanas have pushed and start learning knowledge from the fountainhead of the Qur'an. It was sickening to hear from a JI activist: "Jaisa ke Mualana nay farmaya." Islam can do without the whole lot of JI and MMA and so many Khateebs and Mujtahids. They do not promote teachings of Qur'an; at the end of their discourses they only solicit 'donations', Zakat, even Fitrah!


Sher Mohammad, Pakistan - 28 September, 2007

Mr M Saeed Comments

Mr M Saeed wrote an example of a dalit girl being raped in India, where as no where he has mentioned that in Pakistan there is gang rape specially members of the family gang raping the daughter in law which is quite common in Pakistan. I dont understand some of the Pakistani writers have complex and like to give examples of India's dreaded situation in spite of knowing there are similar awful situation takes place in Pakistan too.

Sunil Sinha, United Kingdom - 29 September, 2007

Mr.Sunil Sinha's Comments.

I am surprised to read Mr.Sinha's rejoinder to my comments titled, "Rejuvenated Judiciary to help nation building", on the main story here. In reacting to my writing without going through its contents, Mr Sinha has in fact adequately vindicated my analysis of the general attitude of Indians towards Pakistanis. My views titled," Pakistan bashing by Indians", have answers to Mr. Sinha's complaint, which can be seen under the story, "Indo-Pak Attitudes, 60 Years Later", dated 13Th Sept., written by Mr. Adnan Gill.
I have summarized my views as, "----I am sure, it that dividing line can be removed, two nations will find ways and means to live in harmony like US & Canada and New Zealand & Australia, all the Scandinavian countries and even Japan and S.Korea. Something not possible for a long time to come".

Having worked along many Non Resident Indians in various countries, I have a very vast and varied experience of inter-action with them. What I have stated in my analysis, is based upon such experience and I am sure, the dividing line has long lost its real significance. Therefore, if there is a slight sincere will, the dividing line can be removed much easier than, it was created.

M.Saeed, Pakistan - 01 October, 2007

Knowledge

Some of the replies sound like; they knew everything about west, East, Middle East, and Far-East and especially about India. Unfortunately, knew nothing about past or current affairs of Pakistan. Islam encourages only PEACE and PEACE, LOVE and LOVE. Unfortunately, not even a single person practices them. At the time of Ramadan, a strict fasting (PEACE) and few Sakaths (LOVE), you are done with it and back to horrifying terror for next 11 months or until next Ramadan.

Jones, Canada - 02 October, 2007

Back to square one.

Whether it is politics of Pakistan or the legal arena, had we ever pondered on the message of humanity conveyed by the Quran we would not be facing prevailing situation.
Its so shameful that while we claim to be a Muslim nation we don't reflect any values at all that are propagated by the noble book of Allah SWT.
On the other hand in the west we routinely observe numerous example of conducting that exemplify the real message conveyed by Quran.
We have no ethics in dealing with each other and believe on the might is right rule, if something does not happen the way we chose to see it then we will create hurdles of all types to achieve what we seek.
We do not respect or regard each other and are first to tear up each other.
We don't exercise patience and when in a discussion would not allow the other to speak honorably.
How & when can such a nation achieve democracy.
I don't see the beam of democracy enlightening our nation till our people assess their conduct in all phases of life and follow the path of moderation, humility and regard for others.


Matloob Zaman, Pakistan - 02 October, 2007

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