Announcement

Collapse
No announcement yet.

Can a Hindu be a High court judge?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Can a Hindu be a High court judge?

    Muslims protest Justice Rana Bhagwandas from working as a Sindh High Court judge

    A Hindu cannot be a High court judge

    The petitioner, Mr. Shafi Mohammadi, is of the opinion that Pakistan is not a secular state rather an Islamic republic and Islam is the state religion, so the appointment of judges should be with reference to the Islamic concepts. But then, he contradicts himself and maintains that if Bhagwandas were merely a non-Muslim it would not bother him. The fundamental reason is that he is a non-believer. What is more surprising is that Shafi Mohammadi, the petitioner had appeared before Justice Bhagwandas on several occasions when he was a lower court judge.
    The UN Declaration on the Rights of Minorities says, "the promotion and protection of the rights of persons belonging to national or ethnic, religious and linguistic minorities contribute to the political and social stability of states in which they live." Though the UN Declaration of Human Rights clearly established the rights of minorities, rampant violations continue. As there is no universally accepted definition of what constitutes a minority, it perhaps contributes to a significant weakness in the protection of minority groups at international level.
    There are three main areas of challenge for the future of Pakistan's many minority groups. The first arises from the growing influence of militant Islamic ideology, with its insistence on closing down areas of difference between various faiths and cultures of Pakistan's population. The second relates to the development of truly democratic structures that are essential for the flourishing of a multicultural society. Finally, there is the challenge of economic development to ensure that Pakistan's many people are adequately housed, clothed or fed. The future of Pakistan's minorities depends to a large extent on how these challenges are met over the next few years
    Article 203 (E) (4) of the constitution bars non-Muslim lawyers from appearing before the Federal Shariat Court. Advocate Rajan Gill has appealed against this sub-article provision. He believes that this contradicts several articles of the constitution and law. It discriminates against non-Muslims lawyers in contravention of articles 4 and 25 of the constitution and deprives litigants to be represented by the council of their choice. Non-Muslim lawyers holding the same qualifications and experience are prohibited from appearing before the Federal Shariat Court even in cases involving non-Muslims. The sub-article is also repugnant to the Islamic traditions and democratic spirit underlying the constitution. Under the legal practitioners and Bar Councils Act, all the lawyers are entitled to be enrolled as advocates of the superior courts after gaining the prescribed qualifications and experience.
    Since independence, Hindus have been treated as anti-state and anti-Islamic elements; they have been discriminated and persecuted. Hindus generally lack equal access to education, employment and social advancement. Pakistan is a nation and as a nation, we have to survive together. Quaid-e- Azam realized this in 1947 and his first address to the Constituent Assembly clearly accorded that "Hindus shall cease to be Hindus and Muslims shall cease to be Muslims and that "together we are a nation."
    We love to condemn the discrimination against Muslims in India. But in India a Muslim Judge, Justice Ahamedi, managed to hold the post of Chief Justice. In contrast to that, we who profess to be a great Muslim nation, upholding all the virtues of Islam, are depriving a competent judge of his constitutional right just because he happens to be Hindu. Contrary to the present dilemma, there has never been any incident in the history of Islam where a person was denied his right to be a judge on the basis of his religious belief.
    We all have fought against racial apartheid and have voted in favour of all resolutions in the United Nations aimed at banning apartheid. But sadly, in our own country we are practicing religious apartheid. Religion and patriotism have time and again been used to advance personal interests in the country. SHC decision to issue a notice to Justice Rana Bhagwandas has further eroded the image of Pakistani judiciary. The decision to constitute a full bench to determine the constituitionalilty of the SHC judge was unwise as it will have negative implications on the independence of judiciary and the rights of minorities.


    #2
    Pakistan is an Islamic country not a secular country like India. How can a Hindu know Koran and Sharia? If a Muslim, Christian , Buddhist or Jew holds high posts in India gives no reason for "Islamic republic of Pakistan" to give high posts to Hindus, Christians, Parsees or Ahmedis. Pakistan is based on Islam.

    Comment


      #3
      So what we mean by this is ... right and wrong can be determinied on the basis of one's religion...so if you are a muslim you can better judje....or you will be judjeing better cause of a religion. I can not understand please help me in this.

      Comment


        #4
        Since independence, Hindus have been treated as anti-state and anti-Islamic elements; they have been discriminated and persecuted. Hindus generally lack equal access to education, employment and social advancement. Pakistan is a nation and as a nation, we have to survive together.
        <br>
        Many participants on this forum have many times pointed out that Islam is the most tolerant religion. I am shocked to see how the followers of most tolerant religion treat non-muslims and justify their treatment by pointing figure to others.

        It is ironic that the muslims living in the west with majority non-muslim population demand equal rights and don't mind living with non-muslims Ahmedhis or Shia but in there own country they mistreat minorities and even law of the land discriminates aganist the minorities and the followers of so called tolerant religion don't feel any twinge of consious.

        It just proves that countries build on the basis of religion are intolerant and horrible places to live. When all the minorities are pushed out the intoleration of the people turns on each other.

        [This message has been edited by Rani (edited November 08, 1999).]

        [This message has been edited by Rani (edited November 08, 1999).]

        [This message has been edited by Rani (edited November 08, 1999).]

        Comment


          #5
          Ditto !!! Rani

          Comment

          Working...
          X