- With Asma Jahangir gone, Pakistan has lost its moral compass
A mighty titan is dead and buried. Long live her deeds, dissent and memories. The Asma Jehangir who stood against one dictator after the other, who always sided with the underdog, who criticised the mightiest and championed the cause of democracy, human rights and rule of law — sans any ifs and buts — has left Pakistan a sad, grief-stricken and barren place. Our brave lady has called it a day and now belongs to the pantheon of immortal souls.
The ever vocal, ever energetic Asma Jahangir had no reverence for intruding individuals and overreaching institutions — she fought to reinstate deposed Chief Justice Iftikhar Muhammad Chaudhry but when former CJ started to show authoritarian tendencies she parted ways. Asma Jahangir stood on the right side of history throughout the opaque days of Zia, the tumultuous era of ‘90s, the sham liberalism of Musharraf, and even adrenaline-charged reign of Chief Justice Iftikhar Muhammad Chaudhary’s judicial activism.
When military courts were given an extension, my associate editor, Mr Shahab Jafry and I decided to interview the inimitable Asma Jahangir on what Pakistan gained from them and what it has lost in the process. Following are some excerpts from the talk.
Ma’am, luckily you didn’t fade away like many great men and women. You, as Simone de Beauvoir feared, didn’t live long enough to see your struggle and successes turning into defeat
‘It seems that we’ll keep on renewing the ‘sunset clause’, as they say that military courts will stay till the criminal justice system is revived. Meaning thereby, a worse system will replace a bad one. If terrorism is problem in this country, so is corruption. So also extend military court’s powers to hear corruption cases as well. Let’s see parliamentarians agree to that,’ was her reply when asked whether the military courts will become a regular feature in our polity.
Asma Jahangir fought for meritocracy in higher judiciary all her life. While replying to a question pertaining to way forward for a more agile, more responsive judiciary, she said, ‘Firstly, you have to be absolutely sure about how you appoint judges. It has to be done on merit. For example, many people have fought with me because I am against quota system in judiciary. Because I think these judges decide people’s fate and lives. Each one decides on its own, it’s not like they decide collectively or in a group’, adding that the human resource has to be of a better quality.
She was not at all oblivious of the need to bring massive reforms in law. She pointed out overlapping of various laws, called for reforms in a century old Criminal Procedural Code. We need an overall revamping of our laws. She rued that a lot of work was being done by the committees set up by the prime minister. But none of those suggestion and recommendations have been implemented.
‘Spend 1pc of what you spend on military on judiciary, on judges, on prosecutors. Give them protection, give them safety, increase their number and only then you can blame them,’ she argued. ‘There is no doubt that huge improvements are needed in our system. But does that mean that we put in place a worse system than the one which we were fed up and tired with?’ she slayed the apologists of military courts with one swift stroke.
I, dearest sirs and ma’ams, had the luck to interact with late Asma Jahangir on multiple occasions. It was in Avari Lahore back in 2014, when I first met her in person. On the stage, amidst the black coats donning lawyers, she was sitting exuding her signature confidence. And when she spoke, the audience listened with singular concentration. While growing up, I read her statements in the paper and watched her talk sense on telly. She roared, at times all alone in the wilderness, and told the truth as it is. To say that she was bold is an understatement. She saw the glaring injustices of our land and demanded the perpetrators to be taken to task.
Ma’am is how I addressed late Asma Jahangir. I still remember that whenever I reached her for a comment. It was granted without delay. If she was busy or occupied a message always followed: In court or in a meeting will call later.
Now that she won’t be busy in any more court hearings or meetings. And she won’t be returning any calls. About time that I pay my regards.
Ma’am, luckily you didn’t fade away like many great men and women. You, as Simone de Beauvoir feared, didn’t live long enough to see your struggle and successes turning into defeat. You were on zenith when you ‘shuffled off the mortal coil’. Yet, you remain. You remain for all you did, tried to do, strived to correct. You have left more than a mark, you’ve left a void.
Your absence will be sadly felt by all those who know the significance of telling truth to the mysterious, elusive powers-that-be.
Farewell, ma’am.