The New Nation - Internet Edition

A tribute to late Justice Kayani

Hafizur Rahman

THE Quran exhorts believers to hold God in awe and speak the truth, frankly and fearlessly. This, it says, will correct their deeds. Reading the collection of speeches delivered by Muhammad Rustam Kayani, 40 to 45 years ago, one is compelled to feel that it was these words of the holy book that guided him in life and made him speak the truth. He certainly held God in awe and not President Ayub Khan.It has been an edifying experience going through The Whole Truth, a book that contains, I think, the entire range of speeches made by Justice M.R. Kayani, both when he was a judge of the High Court and after retirement, although I had read many of these when they were reported in full by the English newspapers.

I couldn't help conjecturing what would have been their impact in these times when, a few years ago, a ruling regime and a chief justice of Pakistan barely escaped an almost physical clash.I have been motivated to do this piece by the feeling that mention of the book would give me an opportunity to write about the man himself, a great son of Pakistan of whom any country would be proud. We have been sadly remiss in remembering our heroes, and even to the Quaid-i-Azam we just pay lip-service at his anniversaries, I thought it would do no harm to tell my readers of his personality and character and his claim to fame.Mr Kayani died in November, 1962, while on a speaking visit to Chittagong, hardly a month after he retired as chief justice of West Pakistan. How time flies! It is 41 years, almost a lifetime, since this country lost a forthright and independent- minded judge and the most popular speaker in its history, for I don't see anyone who can be said to have replaced him in the latter slot. But it is only his contemporaries who recall him now, and the new generations do not even know his name. How can they? Can you imagine a chapter in a government-sponsored school or college textbook about a judge who stood up to a military dictator?A very serious person otherwise, even grim, (and a veritable dictator at home, according to his sons) Justice Kayani had an impish humour that could really be biting when he wanted to lambaste his pet aversions like hypocrisy, sycophancy, authoritarianism and self-aggrandisement on the part of men in high positions.

It even showed itself in his judgments. I suppose he couldn't help that. After all, judgments too are a vehicle of self-expression. One small book of his is called "A judge may also laugh".You will enjoy the captions he gave to his various speeches when they were published in book form. Here are a few: "Preserve your bachelor state, lady doctors!" "Have you an enemy in the High Court?" "Of political rabbits and whimsical kings," "On being described as consumptive by a beautiful girl," "Civil necessity versus civilization," "Some lapses and excesses make no difference," and "Use your intelligence occasionally," and many more.M.R. Kayani came from Kohat and was elected for the Indian Civil Service in 1927.

After training in England, he served for eight years on the executive, and was transferred to the judicial side in 1938. Nothing better could have happened to that institution than his induction, especially when he became a member, a real ornament, of Pakistan's judiciary in 1947.The judge's career as a public speaker (in select gatherings) started when he was elected president of the CSP Association, which office he retained until he retired. His fame spread and he began to be invited to address educational institutions, professional bodies and social organizations. So much so that within the 27 days between retirement and death, he spoke before five gatherings at places as far apart as Abbottabad and Rajshahi.However, it was not to laugh that people thronged the places where Justice Kayani was scheduled to addressed the public. It was his sardonic comments on the ways of the government and its leaders and the importance that most of us give to matters that do not really matter in the final analysis. It wasalso the bold manner in which he shot his barbs of sarcasm at the top man in the country, in such a soft and unobtrusive way, that he either did not mind or did not understand the allusions.But once General Ayub went red in the face when, concluding his speech before the CSP Association's dinner where the president was the chief guest, Mr Kayani said, "I forgot to introduce you to my Association. Gentlemen, this is General Ayub, and as president he will need the patience of Ayub." I don't know why but Ayub Khan was visibly annoyed, and the tremendous applause that followed the speech irked him even more.Smarting under the quips, sallies and thrusts of the welcoming address, he could barely control his temper.

He dismissed Mr Kayani's advocacy of more safeguards for public servants, and said he was not going to pamper them and turn the civil service into an orphanage. His tone was aggressive and stunned everyone, from the governor downwards. Only Mr Kayani remained unruffled, even when Ayub Khan shot a verbal arrow at him by saying, "You have taken considerable pains over the writing of your speech. I hope you give equal care to the writing of your judgments," reminding him of the hundreds of cases pending in the courts.What happened immediately afterwards was that President Ayub was in one part of the lounge with the governor and the old guard of the service, while Justice Kayani held darbar in another part, surrounded by admiring young members of the CSP.

After the president had left, he told a confidante, "He has not said the last word. I will reply to him from every corner of the country and from every platform available to me."And he did. But thereafter his speeches no longer remained confined to service matters. He began to speak of martial law, its ethics and its effects on democracy, the supremacy of the democratic way of life, about fundamental rights in the context of the powers of the superior courts, and the decline in standards and morals of society - all in his typical manner that was more caustic than admonitory.It's a wonderful experience, going through `The Whole Truth.`

The beauty of the language, the incisive way of making his point, the fearless comments on government policies viewed from the angle of justice and equity and the law, all these have a most exhilarating effect on the reader. I can't ask our government leaders to read it because they don't read anything except reports about their speeches in newspapers, but I would certainly recommend the book to the judges of today so that they can see for themselves how one of them acted more than 40 years ago.

(Source: Dawn. Justice Kayani was one of the two authors of the Munir-Kayani report on 1954 Lahore disturbances (Punjab Disturbances Court Of_Inquiry) : Justice Kayani had a long and distinguished career. Because he was an outspoken critic of the Pakistani regime, he was not elevated to the Supreme Cout. This book review appeared in Dawn}

Confessions of a British Spy - VI

I established a very intimate friendship with Muhammad bin Abd-ul-wahhab of Najd. I launched a campaign of praising him everywhere. One day I said to him: "You are greater than 'Umar and 'Ali. If the Prophet were alive now, he would appoint you as his Khalifa instead of them. I expect that Islam will be renovated and improved in your hands. You are the only scholar who will spread Islam all over the world."

Muhammad the son of Abd-ul-wahhab and I decided to make a new interpretation of the Qur'an; this new interpretation was to reflect only our points of view and would be entirely contrary to those explanations made by the Sahaba, by the imams of Madhhabs and by the mufassirs (deeply learned scholars specialized in the explanation of the Qur'an). We were reading the Qur'an and talking on some of the ayats. My purpose in doing this was to mislead Muhammad. After all, he was trying to present himself as a revolutionist and would therefore accept my views and ideas with pleasure so that I should trust him all the more.

On one occasion I said to him, "Jihad (fighting, struggling for Islam) is not fard."

He protested, "Why shouldn't it be despite Allah's commandment, 'Make war against unbelievers (11).'?"

I said, "Then why didn't the Prophet make war against the munafiqs despite Allah's commandment, 'Make Jihad against unbelievers and munafiqs. (12)'?" [On the other hand, it is written in Mawahibu ladunniyya that twenty- seven Jihads were performed against unbelievers. Their swords are exhibited in Istanbul's museums. Munafiqs would pretend to be Muslims. They would perform namaz with the Messenger of Allah in the Masjid an-Nabawi during the days. Rasulullah 'sall-allahu alaihi wasallam' knew them. Yet he did not say, "You are a munafiq," to any of them. If he had made war against them and killed them, people would say, "Muhammad 'alaihis- salam' killed people who believed in him." Therefore he made verbal Jihad against them. For Jihad, which is fard, is performed with one's body and/or with one's property and/or with one's speech. The ayat al-karima quoted above commands to perform Jihad against unbelievers. It does not define the type of the Jihad to be performed. For Jihad against unbelievers must be performed by fighting, and Jihad against munafiqs is to be performed by preaching and advice. This ayat al-karima covers these types of Jihad].

He said, "The Prophet made Jihad against them with his speech."

I said, "Is the Jihad which is fard (commanded), the one which is to be done with one's speech?"

He said, "Rasulullah made war against the unbelievers."

I said, "The Prophet made war against the unbelievers in order to defend himself. For the unbelievers intended to kill him."

He nodded.

At another time I said to him, "Mut'a nikah (13) is permissible."

He objected, "No, it is not."

I said, "Allah declares, In return for the use you make of them, give them the mahr you have decided upon'." (14)

He said, "'Umar prohibited two examples of mut'a practice existent in his time and said he would punish anyone who practiced it."

I said, "You both say that you are superior to 'Umar and follow him. In addition, 'Umar said he prohibited it though he knew that the Prophet had permitted it (15). Why do you leave aside the Prophet's word and obey 'Umar's word?"

He did not answer. I knew that he was convinced. I sensed that Muhammad of Najd desired a woman at that moment; he was single. I said to him, "Come on, let us each get a woman by mut'a nikah. We will have a good time with them. He accepted with a nod. This was a great opportunity for me, so I promised to find a woman for him to amuse himself. My aim was to ally the timidity he had about people. But he stated it a condition that the matter be kept as a secret between us and that the woman not even be told what his name was. I hurriedly went to the Christian women who had been sent forth by the Ministry of Colonies with the task of seducing the Muslim youth there. I explained the matter to one of them. She accepted to help, so I gave her the nickname Safiyya. I took Muhammad of Najd to her house. Safiyya was at home, alone. We made a one-week marriage contract for Muhammad of Najd, who gave the woman some gold in the name of "Mahr." Thus we began to mislead Muhammad of Najd, Safiyya from within, and I from without.

Muhammad of Najd was thoroughly in Safiyya's hands now. Besides, he had tasted the pleasure of disobeying the commandments of the Shariat under the pretext of freedom of ijtihad and ideas.

The third day of the mut'a nikah I had a long dispute with him over that hard drinks were not haram (forbidden by Islam). Although he quoted many ayats and hadiths showing that it was haram to have hard drinks, I cancelled all of them and finally said, "It is a fact that Yazid and the Umayyad and Abbasid Khalifas had hard drinks. Were they all miscreant people and you are the only adherent of the right way? They doubtless knew the Qur'an and the Sunnat better than you do. They inferred from the Qur'an and the Sunnat that the hard drink is makruh, not haram. Also, it is written in Jewish and Christian books that alcohol is mubah (permitted). All religions are Allah's commandments. In fact, according to a narrative, 'Umar had hard drinks until the revelation of the ayat, 'You have all given it up, haven't you (16)?" If it had been haram, the Prophet would have chastised him. Since the Prophet did not punish him, hard drink is halal." [The fact is that 'Umar 'radi-allahu anh' used to take hard drinks before they were made haram. He never drank after the prohibition was declared. If some of the Umayyad and Abbasid Khalifas took alcoholic drinks, this would not show that drinks with alcohol are makruh. It would show that they were sinners, that they committed haram. For the ayat al-karima quoted by the spy, as well as other ayat al-karimas and hadith ash-Sharifs, shows that drinks with alcohol are haram. It is stated in Riyad-un-nasihin, "Formerly it was permissible to drink wine. Hadrat 'Umar, Sad ibni Waqqas, and some other Sahabis used to drink wine. Later the two hundred and nineteenth ayat of Baqara sura was revealed to declare that it was a grave sin. Sometime later the forty-second ayat of Nisa sura was revealed and it was declared, 'Do not approach the namaz when you are drunk!'" Eventually, the ninety-third ayat of Maida sura came and wine was made haram. It was stated as follows in hadith-i- Sharifs: "If something would intoxicate in case it were taken in a large amount, it is haram to take it even in a small amount." and "Wine is the gravest of sins." and "Do not make friends with a person who drinks wine! Do not attend his funeral (when he dies)! Do not form a matrimonial relationship with him!" and "Drinking wine is like worshipping idols." and "May Allahu ta'ala curse him who drinks wine, sells it, makes it, or gives it."]

Muhammad of Najd said, "According to some narratives, 'Umar drank alcoholic spirits after mixing it with water and said it was not haram unless it had an intoxicating effect. 'Umar's view is correct, for it is declared in the Qur'an, 'The devil wants to stir up enmity and grudge among you and to keep you from doing dhikr of Allah and from namaz by means of drinks and gambling. You will give these up now, won't you (17)?' Alcoholic spirits will not cause the sins defined in the ayat when it does not intoxicate. Therefore, hard drinks are not haram when they don't have an intoxicating effect (18)."

I told Safiyya about this dispute we had on drinks and instructed her to make him drink a very strong spirit. Afterwards, she said, "I did as you said and made him drink. He danced and united with me several times that night." From them on Safiyya and I completely took control of Muhammad of Najd. In our farewell talk the Minister of Colonies had said to me, "We captured Spain from the disbelievers [he means Muslims] by means of alcohol and fornication. Let us take all our lands back by using these two great forces again." Now I know how true a statement it was.

One day I broached the topic of fasting to Muhammad of Najd: "It is stated in the Qur'an, 'Your fasting is more auspicious for you (19).' It is not stated that fasting is fard (a plain commandment). Then, fasting is sunnat, not fard, in the Islamic religion." He protested and said, "Are you trying to lead me out of my faith?" I replied, "One's faith consists of the purity of one's heart, the salvation of one's soul, and not committing a transgression against others' rights. Did not the Prophet state, 'Faith is love'? Did not Allah declare in Qur'an al-karim, 'Worship thine Rab (Allah) until yaqin (20) comes to thee (21)'? Then, when one has attained yaqin pertaining to Allah and the Day of Judgement and beautified one's heart and purified one's deeds, one will become the most virtuous of mankind." He shook his head in reply to these words of mine.

Once I said to him, "Namaz is not fard." "How is it not fard?" "Allah declares in the Qur'an, 'Perform namaz to remember Me (22).' Then, the aim of namaz is to remember Allah. Therefore, you might as well remember Allah without performing namaz."

He said, "Yes. I have heard that some people do dhikr of Allah instead of performing namaz (23).' I was very much pleased with this statement of his. I tried hard to develop this notion and capture his heart. Then I noticed that he did not attach much importance to namaz and was performing it quite sporadically. He was very negligent especially with the morning prayer. For I would keep him from going to bed by talking with him until midnight. So he would be too exhausted to get up for morning prayer.

I began to pull down the shawl of belief slowly off the shoulders of Muhammad of Najd. One day I wanted to dispute with him about the Prophet, too. "From now on, if you talk with me on these topics, our relation will be spoilt and I shall put an end to my friendship with you." Upon this I gave up speaking about the Prophet for fear of ruining all my endeavours once and for all.

I advised him to pursue a course quite different from those of Sunnites and Shi'ites. He favoured this idea of mine. For he was a conceited person. Thanks to Safiyya, I put an halter on him.

On one occasion I said, "I have heard that the Prophet made his Ashab brothers to one another. Is it true?" Upon his positive reply, I wanted to know if this Islamic rule was temporary or permanent. He explained, "It is permanent. For the Prophet Muhammad's halal is halal till the end of the world, and his haram is haram till the end of the world." Then I offered him to be my brother. So we were brothers.

From that day on I never left him alone. We were together even in his travels. He was very important for me. For the tree that I had planted and grown, spending the most valuable days of my youth, was now beginning to yield its fruit.

I was sending monthly reports to the Ministry of Colonies in London. The answers I received were very encouraging and reassuring. Muhammad of Najd was following the path I had drawn for him.

My duty was to imbue him with feelings of independence, freedom and scepticism. I always praised him, saying that a brilliant future was awaiting him.

One day I fabricated the following dream: "Last night I dreamed of our Prophet. I addressed him with the attributes I had learnt from hodjas. He was seated on a dais. Around him were scholars that I did not know. You entered. Your face was as bright as haloes. You walked towards the Prophet, and when you were close enough the Prophet stood up and kissed between your both eyes. He said, 'You are my namesake, the heir to my knowledge, my deputy in worldly and religious matters.' You said, 'O Messenger of Allah! I am afraid to explain my knowledge to people.' 'You are the greatest. Don't be afraid,' replied the Prophet."

Muhammad bin Abd-ul-Wahhab was wild with joy when he heard the dream. He asked several times if what I had told him was true, and received a positive answer each time he asked. Finally he was sure I had told him the truth. I think, from then on, he was resolved to publicize the ideas I had imbued him with and to establish a new sect (24).

(Source: Waqf Ikhlas, Istanbul)

India's Dalit icon aims for top job

Soutik Biswas

Will an "untouchable" become India's next prime minister?

The way a number of Indian opposition parties are rallying around Mayawati, a Dalit or "untouchable" icon, and touting her as a future prime minister must be gladdening the hearts of 160 million members of the community she represents.

The 52-year-old daughter of a government clerk who grew up in a shanty town in the capital, Delhi, has emerged as the pivot of a fledgling "third front" in Indian politics. It is trying to throw down the gauntlet to the coalitions led by the governing Congress and opposition Hindu nationalist Bharatiya Janata Party (BJP). Ms Mayawati's "third front" brings together a slew of regional parties and communists, who are still smarting after they stopped supporting the government over its nuclear deal with the US.

"The impact of Mayawati has sobered a lot of political parties. She has a larger-than-life image. Now it's a third front with Mayawati as the nucleus," says Shekhar Gupta, editor of The Indian Express newspaper.

This despite the fact that her Bahujan Samaj Party (BSP), a regional party based in Uttar Pradesh, India's most populous state, has only 17 seats in the parliament. Since the 2004 general election, Mayawati's fortunes have soared. In the last state assembly elections a little over a year ago, her party swept to power winning 206 of the 403 seats and more importantly, had leads in 55 of the state's 80 parliamentary constituencies. Her party also polled well in at least 60 parliamentary seats outside Uttar Pradesh, making her a pan-Indian Dalit icon of sorts.

Social engineering

The canny political strategist has also broadened her appeal, wooing upper-caste Hindus and Muslims - she has 29 Muslim and 52 upper-caste Brahmin members in the present state assembly.

In India's fractious and caste-driven polity, this is a masterstroke in social engineering - an unprecedented coalition of the poorest of the poor and the rich, and of Hindus and Muslims. And this has taken place in a state which accounts for one in seven MPs in the Indian parliament.

The upshot, say analysts, is that her party has become a factor in about 10 states, and could play the spoiler there for the bigger parties in next year's general elections.

The unorthodox Mahatma Gandhi-baiting politician with a penchant for gaudy birthday celebrations, expensive jewellery and personal statues has been an enigma for India's upper classes and journalists.

On the one hand, her homegrown charisma and mass-based leadership qualities have never been in doubt; on the other, she has been assailed with charges of amassing wealth and property beyond her means.

"Her political peers and journalists have persistently underestimated her and her party. She has been regarded as an unguided missile that has explosive intent, but no sense of direction," says Ajoy Bose, who has written a book on Ms Mayawati. But he says her triumphant Dalit-Brahmin alliance in Uttar Pradesh has become a "blueprint for electoral success" in India.

'Despotic'

Analysts say Ms Mayawati thrives best during periods of political instability, even when she appears to lack the numbers to form governments. With only 66 legislators in the 403-member assembly, she took power in Uttar Pradesh twice. She secured a third term with 99 legislators.

"Each time she was short of majority. She was able to grab power because other parties prevented each other from forming the government," says Ajoy Bose. This is exactly what could happen if the Mayawati-led "third front" mops up about 100 seats or more in next year's general elections which are expected to leave no party with a clear majority.

Analysts say that Ms Mayawati is also trying to move beyond a purely caste-based agenda to enhance her appeal among upper-castes and classes - her government recently brought in English in primary schools and announced new urban housing and health plans.

But she could also blow her chances because of what her critics describe as her "despotic" side, and a lack of any second rung of leadership.

"There is a kind of ruthlessness in her that can be self-defeating. Her party is too individual-centred, and does not have a policy management team. "Then there is the looming threat of corruption cases against her," says political scientist Pratap Bhanu Mehta. However, the prospect of Ms Mayawati becoming the prime minister has immense symbolic value.

"This would be a Dalit woman from the most populous Indian state and one who has earned her way to the top through education and political work, not inherited it via marriage or lineage," says analyst Mahesh Rangarajan.

The next general elections will tell whether Ms Mayawati manages to exploit this opportunity.

(Source: BBC News. http://news.bbc.co.uk/2/low/south_asia/7521111.stm}