It was 2007 - a year of upheavals and an extremely tumultuous time in the country's political and judicial history. Each day brought with it disturbing reports of disorder, chaos and new high-profile cases while the rumor mills worked overtime to add to the general confusion.
The then President General Pervez Musharraf dismissed Chief Justice Iftikhar Muhammad Chaudhry and removed around 61 judges on November 3. All supreme and high court judges were ordered to take a new oath under the Provisional Constitutional Order. Those who refused, including Justice Rana Bhagwandas, were placed under house arrest. During this difficult period, he retired on December 14 without the traditional full-court reference for outgoing chief justices.
Justice Bhagwandas was reinstated in retired status following restoration of the judiciary on March 16, 2009. As too much time had elapsed since his retirement the traditional full-court reference at Supreme Court given to retiring judges was never given to him. However, his persona of strong character and professional integrity and his cherished memories will forever illuminate the corridors of this state institution.
A few days ago, contemporaries, friends and relatives gathered to pay tribute to this extremely competent judge and the first Hindu acting chief justice of Pakistan at an event that was akin to an informal reference.
The event was a unique show of Muslim-Hindu solidarity in Pakistan where leaders and representatives of both the communities showed their love and respect to the late hero of the nation and a true son of the soil. The proceedings rekindled memories of the great person and beautiful soul that Bhagwandas was.
Among those who shared their memories and paid homage to Justice Bhagwandas were Justice Iftikhar Chaudhry, former chief justice of Pakistan, Dr Qibla Ayaz, chairman, Council of Islamic Ideology, Ramesh Kumar Vankwani, MNA, Subhash Chandar, brother-in-law of Justice Bhagwandas, Advocate Akram Sheikh and Maulana Abu Ammar Zahid-ur-Rashidi.
Senator Raja Muhammad Zafar-ul-Haq's special message was read out in his absence.
Mahesh Kumar, president, Islamabad Hindu Panchayat, was also present on the occasion with a number of his organization's members.
Although Justice Bhagwandas served as acting chief justice and after retirement as chairman of Federal Public Service Commission (FPSC), not much information is available about his personal life and views. Maybe this is because he was very cautious while talking about sensitive issues with the media, whether Pakistani or international.
A case in point was when speculations were rife about his becoming the acting chief justice after Musharraf suspended Chief Justice Iftikhar Chaudhry in March 2007. At that time Justice Bhagwandas was on a private trip to India and on his return to Karachi journalists asked him to confirm the rumors. Never the one to project himself, in an extremely short statement he said the oath-taking ceremony would be held once a proclamation had been made. After this everything will be in accordance with the constitution and law, he said, adding everything would be in writing.
Justice Bhagwandas also avoided talking to journalists during the trip to India although the media had a keen interest that a Hindu was going to become the chief justice of Pakistan.
Justice Bhagwandas was a true Pakistani and this can be seen from the fact that when queried by journalists in India about the judicial crisis, instead of giving statements he said he would answer these questions after returning to his own country.
Once Justice Bhagwandas was asked by news portal rediff.com how does it feel being the first acting chief justice of Pakistan from a minority community. He replied: "For me it makes no difference because I treat this position as a sacred trust. It is the virtue of God, the Parmatma, the creator to do justice and we, as judges, merely act as his agents. I always seek guidance from the creator so that we do not make a wrong judgment. We act without favor or fear, ill will or affection."
Asked if Pakistani courts also have a backlog of cases, Justice Bhagwandas said: "That is the part of the judicial system. There are two factors for that. One is the growing population and the second is loss of our values. Unless we reform ourselves and create awareness amongst ourselves, respect truth and observe sanctity for the law, this backlog is not going to end. We should raise the quality of our values."
The headline of this interview, 'The law is equal for everyone in Pakistan', is important as it aggregates what Justice Bhagwandas always projected about his country.
Justice Bhagwandas also said during the interview "we as judges have to be isolated", which is what he practiced while giving decisions that were delivered purely on the merits of law and justice.
These incidents show that Justice Bhagwandas personified the qualities that a good judge should possess in order to provide justice. There is a vital need to highlight such personalities who understand the diversity of Pakistan, are a part of it and also give importance to its values.
His contemporaries recalled that Justice Bhagwandas was known for his patriotism and for always acting in accordance with the law. He was seen as a man of integrity and principles, setting the bar very high with his character and conduct, keeping himself balanced and impartial, and always making his decisions on merit, without any bias - religious or otherwise.
Justice Bhagwandas was renowned not only in Pakistan but also in other countries for his sense of justice and boldness in taking decisions. Circumstances and pressures never swayed him from taking the right decisions; his only concern was that the decision should be strictly according to the Constitution and law.
Perceptions were very important for him while delivering justice.
Elaborating, my friend Advocate Akram Sheikh recalled that there was a case of some Hindu girls allegedly being kidnapped and married off to Muslims. Justice Bhagwandas never heard cases where there was a perception of bias. By chance the case was to be heard by him. He refused saying that he would definitely give a decision based on justice but being a Hindu his religion was different from the majority of the people and perceptions were very important.
Justice Bhagwandas hailed from a minority community, yet elevated himself to one of the highest ranks due to his dedication and hard work. His meaningful contributions to the national development not only serve as a source of guidance and inspiration but also reinforce interfaith harmony.
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