Insiyah Vahanvaty on revisiting the life of the formidable ‘Muslim’ judge who was her grandfather.
Being a Muslim judge in India is not easy. It has never been.
The Indian judiciary has long struggled with a lack of Muslim representation, with only four Muslim Chief Justices in the history of the republic. Currently, there is just one Muslim judge on the Supreme Court – another proof of this lack of diversity. It also indicates that another Muslim Chief Justice may be a long way off.
For me, the difficulties faced by Muslim judges have been witnessed through the life of my grandfather, Justice Aziz Mushabber Ahmadi, who served as Chief Justice of India from 1994 to 1997. That he was only the third Muslim to occupy this role is made starker by the fact that there has been only one more that succeeded him in the thirty years since.
When Aziz Ahmadi was appointed as a judge to the City Civil Court of Ahmedabad, he was 32 years old. Young and inexperienced, he knew that this appointment would make him the only Muslim judge on the bench; yet it had simply not occurred to him that his faith would suddenly become a matter of contention. When news of his elevation broke, it stirred up an unsettling, religiously charged atmosphere within legal and administrative circles. Bar Associations across the state of Gujarat united and called for a strike against his appointment, boycotting Ahmadi’s court. Communally charged allegations flew thick and fast with his appointment questioned in the legislative assembly. Concerns about his young age and fitness for the role were voiced. In the end, however, his appointment held – and Aziz Ahmadi began an extraordinary judicial career that would span three decades, culminating in the highest office of the Indian judiciary.
Yet, it would never be free of challenges.
Twenty-four years later, when his name was proposed for elevation to the Supreme Court of India in a closed-door meeting, a prominent member of the Bench hesitated, saying, “But he is a Muslim. Can we trust him?” And when he retired, Justice Ahmadi faced allegations of favouring the appointment of Muslim judges to High Courts and the Supreme Court. Unperturbed, he responded to these saying, “Such an allegation every Muslim Chief Justice, I suppose, has to face.” Although he did not voice it then, he felt a deep disappointment in witnessing such prejudice even in the highest offices of the country.
And yet, he wore his life with a remarkable lightness, with his easy laugh and mischievous wit. It was almost as if he was determined not to allow these experiences to make him bitter or dampen his natural optimism. Ironically, it was perhaps these very experiences that fuelled his commitment to secularism and tireless advocacy for the separation of religion and state.
My first memory of these values was during a particularly turbulent chapter in Indian history when I was just ten years old.
The year was 1992. The Babri Mosque had just fallen. A word which I had never heard before was now coming up every day at our dinner table. Kar seva. The television at home stayed locked on the news channel all day. My grandfather’s disappearance from family life, his secretaries rushing to and from the office with pens and notepads in hand, and worried family conversations about the future of the Indian Muslim marked those days.
But despite his inner turmoil, my grandfather maintained an outward calm, his composed demeanour never betraying the storm within. As ever, Justice Ahmadi, when distressed, would retire to his haven, his work. I knew the enormity of his mental anguish only because of the extent to which he did this. Those days, he emerged only for meals and slept for less than five hours a day. Pacing on the carpeted floor, he fought the numbness in his legs from hours spent hunched over his files, fuelled by endless cups of black tea.
It was only later that I learnt of his dissent in Ismail Faruqui vs Union of India – a challenge to the Acquisition of Certain Area at Ayodhya Act 1993 which was an attempt by the Central Government to gain control of administration and maintenance of the Ram Janma Bhumi-Babri Masjid structure along with its premises. In his view, validating the Ayodhya Act would effectively condone the trespass and destruction that occurred, with no consequences for those involved – especially as the effect of the Act would require pujas to continue at the site while failing to address the right of Muslims to offer namaaz.
It was while writing The Fearless Judge and going through his draft memoirs that I learnt of the immense strain my grandfather was under at the time to accept the majority judgement. But he would not succumb. Risking the ire of both, the incumbent Chief Justice as well as the executive, he knew that such a stand could come at great personal cost. Yet, he stood firm in this test of integrity, refusing to give in. Ultimately, he and Justice Bharucha dissented from the majority view.
Citing the Act to be unsecular and constitutionally unfit, the dissenting judgement authored by Justice Bharucha stated, “When…adherents of the religion of the majority of Indian citizens make a claim upon and assail the place of worship of another religion and, by dint of numbers, create conditions that are conducive to public disorder, it is the Constitutional obligation of the State to protect that place of worship and to preserve public order…To condone the acquisition of a place of worship in such circumstances is to efface the principle of secularism from the Constitution.” Once retired and therefore released from the bounds of propriety and decorum, my grandfather would speak freely about the regrettable and unlawful demolition of a place of worship – and the subsequent erosion of secularism in India.
The demolition of the mosque sent shockwaves throughout the country, prompting the Union government to dismiss state governments in a panic. This led to the landmark case SR Bommai vs. UOI, which addressed the limits of central authority over states. Because these dismissals were in response to the violence following the Babri Masjid demolition, the court also examined secularism as a key element of the Constitution’s basic structure. Justice Ahmadi wrote a separate 37-page judgment emphasizing the need for accommodation and tolerance toward vulnerable groups. Quoting Mahatma Gandhi to highlight the importance of the separation of religion and state, he wrote, “I swear by my religion. I will die for it. But it is my personal affair. The State has nothing to do with it. The State will look after your secular welfare, health, communication, foreign relations, currency and so on, but not my religion. That is everybody’s personal concern.”
Despite his deep understanding of the discriminations that Indian Muslims face in every sphere of life, he encouraged the community to resist the temptation to view itself from the lens of victims of prejudice; rather to focus on empowerment through education. Addressing the Muslim community, he said, “It is high time that we stop living in the past and start living in the present and work for a brighter future. We have to mould our own destiny – mustaqbil, no one else can do it for you. The only sure way is through education.”
A firm and vocal advocate for equality of opportunity until the end of his days, Justice Ahmadi remained troubled by the lack of diversity in the judiciary at all levels. With Muslims making up nearly 15 per cent of the population yet holding alarmingly few judicial positions, this lack of representation remains concerning to this day, raising questions about fairness and inclusivity. The implications of this imbalance are significant: Judges from diverse backgrounds ensure the judiciary mirrors the society it serves, bringing different perspectives and more fair-minded decisions. In turn, this shores up public trust in the legal system.
And as Justice Ahmadi put it so succinctly, “The judiciary has neither the purse nor the sword; its only shield is the trust of the people in the judicial process.”
source: http://www.scroll.in / Scroll.in / Home> Talking Books / by Insiyah Vahanvaty / September 30th, 2024
Dr Zeenat Shaukat Ali (In white dress) Counsel General of Afghanistan in Mumbai
Caught in the panoramic whirl of life, there are thousands of affluent ladies one interacts or brushes shoulders with, but Dr. Zeenat Shaukat Ali shines out amongst many with her warm charming smile, down-to-earth nature, while showering pearls of knowledge. Born in an affluent home in Mumbai, she holds no superficial airs and graces. When someone mentioned to her that she should get the Padma Shri award for her remarkable service, she replied, “My greatest reward is when my students run up to me telling me they never forgot what I taught them in class.”
She told me, “Even you, asking me for an interview is like a reward for my service to the nation.” She said that during her daughter’s birthday party when she was in Dubai, a girl came up to her daughter and asked her, “Are you Zeenat’s daughter? You look just like her”, and when she replied, “Yes’, the girl said, “Let me tell you what she taught me I have never forgotten!”
Dr. Zeenat Shaukat Ali is a former professor of Islamic studies at St. Xavier’s College in Mumbai, fluent in English, and a seasoned speaker during debates on leading television channels and also heads the World Institute of Islamic Studies for Dialogue, Organization of Mediation and Gender Justice. She is clear on her religion: “I follow Prophet Muhammad’s teachings and no sects made by humans, these are all here to divide us.”
On Women’s International Day, speaking to Awaz-the Voice about Indian Muslim women, she said with a sigh of relief, “Indian Muslim women have a stronger and larger voice today than earlier, cutting across all sects and today, we have a long way, hundreds of Muslims contributed to India and I think all-around whole education is the answer to all problems. Women should be given a key role in the decision-making process, and be able to implement laws for the nation.
There are 33% seats for women in parliament. Ilm in Arabic means knowledge and there are 800 plus verses upholding ilm or knowledge and it’s derivatives. There are hundreds of verses in the Quran elucidating scientific facts. In Indian society, we see that the Parsees are highly educated and have become the best doctors, and lawyers, excelling in all spheres because they proficiently educated themselves.
Dr Zeenat Shaukat Ali participating in an interfaith conference
“We are no longer the India of a hundred years back. With education, we can get rid of misogyny, and inequality, giving equal respect and equal understanding to each other. On a flight back to Mumbai, I watched Sri Devi’s excellent movie, English Vinglish and one line that stood out was the aspect of respect where she said, “Teach me, don’t make fun of me, and don’t take it for granted that I will only sit in the kitchen and make ladoos …”
Dr. Zeenat Shaukat Ali on reminiscing about her early life said, “My interest in studying the Quran began early, around the age of 16 when I was trying to understand a paragraph (ruku) a day in depth to try and comprehend its meaning, and very often, I would be the only girl sitting among all the wise spiritual white-haired Maulanas some even in their 80s, learning from them. With their help, I began to understand the message of compassion, peace, and harmony. My prayers also began at that age and continue to date.
At a young age, she looked up to her excellent teachers who were like father figures and sculptured her thinking to analyze as she went into research. “Dr NS Gorekar was my teacher of Islamic Studies and my Ph.D guide and Professor Kamran taught me how when one goes deep into relics, where the finishing steps are like jewelled stones and thesis is like a manuscript which should never be discussed with anyone or they would steal your thoughts!”
Her childhood home was always buzzing with activity, guests filling the home with visitations, while house helpers hurried around in their daily tasks. Lunchtimes were blissfully wonderful for Zeenat Ali when her father’s friends visited, Dr. Shukri and Maulana Abdul Rahman who were both very knowledgeable and the young Zeenat could pour out all her questions quenching her thirst for deeper spiritual understanding. Her spare time was immersed in activities visiting the club and libraries. Her favourite sports were badminton and horse riding and a day was never too long for her and she spent more time in libraries than in clubs, though!
Fortune smiled on her with her happy family life, with one brother and being the only daughter always felt the warm arms of her parents embrace her equally. In this close-knit family, they shared everything and were like the best of friends. “There was a gender parity in our household,” she says. While her brother went on to study engineering and business management, she went on to study English Literature and delve deeper into Islamic Studies. Both parents, Gulam Ali and Sheereen were advocates of intellectual secularism. Traditionally, every Friday, her father gave the queues of poor people outside their homes a delicious meal. Good works were an integral part of her family’s faith and her great-grandfather and his dear brother opened an orphanage in Pune giving solace to hundreds of children. She also received personal care from her grandmother as she was growing up.
Dr Zeenat Shaukat Ali with a Minister in Azerbaijan
Her mother was anxious to see her well settled in marriage at a young age, but her father and grandmother opposed an early marriage wanting her to only get married after her education. When the day of a suitor arrived, her future husband Shaukat Ali was informed that he could only marry her if he allowed her to complete her graduation, to which he readily agreed and in fact, encouraged her to pursue her higher gradution after marriage in the 1980s.
While her mother was a great source of inspiration, it was her father, Zeenat Shaukat Ali says, who stood as a powerful influence in her life, always urging her to study more, taking a keen interest in her subjects, and asking her questions about the subjects in her class, discuss enriching topics with her and always spurred her on for higher graduation. Her taught her the concept of humanity drawing her into the world of all people as one, where he had friends from all religions, Hindus, Parsees, Sikhs, Christians, Jains, Buddhists, and others and he looked at all people as humanity.
She grew up with Muslim cooks crafting delicacies who skillfully knew the art of laying out an elaborate meal on a dining table, Hindu and Christian domestic workers and maids rich in their traditions and beliefs and all were respected. She specially mentions Abdul the cook who made her beloved cheese sandwiches with hot tea, so she could concentrate on her work without interruptions.
The school was all about sharing tiffins as constantly hungry students generously shared each other’s lunch boxes. “Those were happy days in St Xavier with long animated discussions in the college canteen and festival seasons were times of sharing and visiting Hindus, Christians, Jains, Muslims, Parsees, and others alike.”
When she got married, her Christian maid, Rosy Fernandez helped to bring up her three children amidst her very hectic schedule. Rosy had her method of praying as did the other house helpers and she says, “We learned the art of humanity.”
Dr Zeenat Shaukat Ali at St Xavier’s Alumuni meet
Her husband and three children (two daughters and a son) used to tell her that her quest for knowledge was insatiable and likened it to taking a “deep dive into the ocean to touch the ocean floor,” meaning, she always had to dig deeper and was never satisfied with just bright glimmers of knowledge and also went to the roots of William Shakespeare’s literature, which in themselves were always complicated. Her husband, Shaukat Ali was a remarkable sportsman, a great businessman, and a wood connoisseur who at parties would often delve into a rich conversation on any type of furniture wood, being an interior designer, he was artistic and loved flowers, music, and took a profound interest in Zeenat’s writing, even though at times, he fell asleep in the middle of it, she says with a laugh. When her father suddenly died of a heart attack, it was a shock to her and Dr. Zeenat found her comfort in the pristine purity of the Quran she grew up with.
She said, “After the sudden loss of my Father, it was my husband who said I should take up my PhD seriously instead of dropping tears.” With eyes filled with tears and a choked voice, she said that her husband and her mother both passed away in 2018 and it was a particularly difficult time for her.
She says, “I matured bit by bit as I was doing my thesis until I realized the ideas and values of Islam had to be brought out as there was an alarming deafening silence from our scholars, very disappointing as they also have a responsibility to bring the right representation of Islam to the nation.”
Her husband and three children (two daughters and a son) used to tell her that her quest for knowledge was insatiable and likened it to taking a “deep dive into the ocean to touch the ocean floor,” meaning, she always had to dig deeper and was never satisfied with just bright glimmers of knowledge and also went to the roots of William Shakespeare’s literature, which in themselves were always complicated. Her husband, Shaukat Ali was a remarkable sportsman, a great businessman, and a wood connoisseur who would often in parties delve into a rich conversation on any type of furniture wood, being an interior designer, he was artistic and loved flowers, music, and took a profound interest in Zeenat’s writing, even though at times, he fell asleep in the middle of it, she says with a laugh. When her father suddenly died of a heart attack, it was a shock to her and Dr. Zeenat found her comfort in the pristine purity of the Quran she grew up with.
She said, “After the sudden loss of my Father, it was my husband who said I should take up my PhD seriously instead of dropping tears.” With eyes filled with tears and a choked voice, she said that her husband and her mother both passed away in 2018 and it was a particularly difficult time for her.
Dr. Zeenat Shaukat Ali receiving an award
She says, “I matured bit by bit as I was doing my thesis until I realized the ideas and values of Islam had to be brought out as there was an alarming deafening silence from our scholars, very disappointing as they also have a responsibility to bring the right representation of Islam to the nation.”
A recent book entitled “I Am ?” a Hinduja Foundation Publication brought out by Mr. Gopichand Hinduja and Mr. Ashok Hinduja is the result of Mr. Gopichand Hinduja’s inspiration. In the Introduction of “Why this Book ?” Mr Gopichand Hinduja, a great spiritualist states that he wanted an “l state to bring all virtuous teachings of all the important religions of the world that have influenced and shaped humanity in a single book to share their oneness.”
A Par Excellence Message has been penned by Sheikh Al Nahyan, Minister of Tolerance and Coexistence, UAE as Dedication to Humanity” where the message of the book is “dedicated to those who want to explore their life beyond the known and visible,” she said,” It was an honour for me when I was invited to write the conclusion to the book. It was to be on the commonalities existing among religions. I titled the chapter “Connecting the Magical Dots in the Infinite Cosmos” where I wrote, “We are all like a beautiful rainbow, where all colours stand together yet remain distinct to form the exquisite rainbow. We say similar things at different times, in different languages but have to stand together to form the rainbow. Our commonness lies in our humanity, to be compassionate, to care for each other.” She added, “A Chart of the Commonalities has been drawn up and affixed at the end of the book.”
Achieving powerful landmarks, invited all over the world as a delegate, she is an integral part of many organizations. She is the Founder and Director-General, of Wisdom Foundation, founded in 2006 in Mumbai, a registered body that has many national and international advisors which focus on Gandhian values of nonviolence, and humanitarian service.
She bagged the Vijaya Shree National Award for Education Enriching Human Life and Outstanding Attainment in 1997-98. She spearheads an innovative peace initiative in the city. With over three years of existence, the program features a cricket match at the Brabourne Stadium, involving teams comprised of Muslim, Hindu, and Christian clerics, deliberately not segregated along religious lines. Additionally, Ali leads the World Institute of Islamic Studies for Dialogue, Organization of Mediation, and Gender Justice. She actively participated in the International Higher Education Interfaith Leadership Forum.
She has attended very important, excellent Conferences in Doha, Qatar organized by the Ministry of Foreign Affairs on Interfaith Dialogue in 1922 and 23 where interfaith scholars and dignitaries around the world were invited. In 2022, she attended an Excellent International Conference in Azerbaijan on Dialogue and Preservation of Cultural Sites.
Also known as an activist and author of several books, she has made a powerful impact with her writings. Her famous book The Empowerment of Women in Islam With Special Reference to Marriage & Divorce, was highly felicitated by great leaders in India.
Justice A. M. Ahmadi, Chief Justice Supreme Court of India said, “The author in her book seeks to knock on the doors of Islamic Jurisprudence to secure gender justice for Muslim Women. It is path-breaking in the sense that it is a bold endeavour to show how social reform can be introduced into the Muslim society through traditional strategies…”
Dr Zeenat Shaukat Ali Presenting her book I AM to Sheikh Al Nahyan, Minister of Tolerance and Coexistence of the UAE
Achieving powerful landmarks, invited all over the world as a delegate, she is an integral part of many organizations. She is the Founder and Director-General, of Wisdom Foundation, founded in 2006 in Mumbai, a registered body that has many national and international advisors which focus on Gandhian values of nonviolence, and humanitarian service.
She bagged the Vijaya Shree National Award for Education Enriching Human Life and Outstanding Attainment in 1997-98. She spearheads an innovative peace initiative in the city. With over three years of existence, the program features a cricket match at the Brabourne Stadium, involving teams comprised of Muslim, Hindu, and Christian clerics, deliberately not segregated along religious lines. Additionally, Ali leads the World Institute of Islamic Studies for Dialogue, Organization of Mediation, and Gender Justice. She actively participated in the International Higher Education Interfaith Leadership Forum.
She has attended very important, excellent Conferences in Doha, Qatar organized by the Ministry of Foreign Affairs on Interfaith Dialogue in 1922 and 23 where interfaith scholars and dignitaries around the world were invited. In 2022, she attended an Excellent International Conference in Azerbaijan on Dialogue and Preservation of Cultural Sites.
Also known as an activist and author of several books, she has made a powerful impact with her writings. Her famous book The Empowerment of Women in Islam With Special Reference to Marriage & Divorce, was highly felicitated by great leaders in India. Justice A. M. Ahmadi, Chief Justice Supreme Court of India said, “The author in her book seeks to knock on the doors of Islamic Jurisprudence to secure gender justice for Muslim Women. It is path-breaking in the sense that it is a bold endeavour to show how social reform can be introduced into the Muslim society through traditional strategies…”
M Hidayatullah, Former Chief Justice and Vice President of India said, “This is a treatise of Marriage and Divorce in Islam…written in a scholarly way, it will keep these difficult subjects alive for lawyers, teachers, and students. I wholeheartedly recommend the book.”
The Implementation of a Uniform Civil Code, Winning the Peace: A Quest/edited by Dr. Zeenat Shaukat Ali, contributor Shaukat Ali. She wrote Healing Memories – Civilizations in Dialogue; The Legacy of India – Pluralism, Tolerance and Peaceful Coexistence, and many other erudite thesis papers.
Among her cherished mentors are Father Simon D’ Souza who had been teaching at St. Xaviers College Mumbai and serving as in-charge Principal for a while, and Raymond Bodin from UNESCO, among many others. She also says, “I pray to Allah with my hands folded.”
She explained that the phrase Vasudhaiva Kutumbakam from Hinduism which means “The World Is One Family” is similar to the words of Prophet Muhammad who said” All creatures form the family of God and he is best loved by God who best loves his creatures”.
Jesus taught similar ideologies to love all people, as did Buddha and other religions. Unfortunately, religion over time has been manipulated for political gains. Islam means peace comes from Salam.
She expressed, “One of the people who were dear to me was Father John Misquitta SJ, Principal of St Xavier’s when I began to teach, who loved my thesis. He was dynamic, encouraging he believed in academic excellence like all other principals. Fr John Correia-Afonso, Director of the Heras Institute of Indian History and Culture, St Xaviers College was a distinguished renowned historian who invited me to join the Heras Institute. He was an exceptional person – a legend who guided many a student. He was a great instructor and teacher who inspired many academicians, including me.”
“The whole world of Islam where Muslim majorities prevail are now re-thinking issues so it’s time for us now that our Ulema, our learned, our scholars should not drown themselves in silence or should not give misleading misinformation, where Islam is teaching you to preserve life. If you kill one person, it is as if you have killed all mankind Surah 5:33, so we have to bring these to life not only in words but in our actions…”
Reiterating that learning and knowledge were an essential part of their lives as Islam teaches “Whoever follows a path to seek knowledge, Allah will make the path to Jannah (Paradise) easy for them.’ it was incredible that her grandmother at the age of 70 was learning to read and write Urdu,” Zeenat Ali said that similar to her male counterpart, every woman is morally and religiously obligated to pursue knowledge, enhance her intellect, broaden her perspective, nurture her talents, and subsequently utilize her potential for the betterment of both her soul and her society.
She shares special nuggets of gold with Indian Muslim women today, and on Women’s International Day, with this message, “Have a wonderful vision for your country and your family. Educate yourself to the fullest, endeavour to be the best in the world, and be part of nation-building. Be compassionate and caring. Dream big! Know that you are beautiful in the heart and the soul, you are an achiever, you are a doer, you can do it and you will make a difference!”
Rita Farhat Mukand is an independent writer
source: http://www.awazthevoice.in / Awaz, The Voice / Home> Stories / by Rita Farhat Mukund / March 08th, 2024
Justice Ahmadi showed his courage and conviction in upholding the constitutional culture in our diverse system and ensured that the spirit of diversity in the Constitution is not nullified.
Justice A.M. Ahmadi was born in Surat, Gujarat in the year 1932 and passed away on Thursday at 5 am in New Delhi at the age of 91 years. He had an exceptional career, handling the judicial process at all three levels of the judiciary apart from being the chief justice of India for about three years, out of his total term as judge in the Supreme Court for about nine years. I started my practice in the year 2000 but he had already demitted office in 1997, so I had no occasion to see him as a judge. However, in the limited interactions with him and after reading his judgments and lectures, I wanted to write a few lines about him.
As a judge of the Supreme Court of India, he was part of many constitution bench judgments, starting from a five-judge constitution bench judgment in Charan Lal Sahuv Union of India (1989) relating to the constitutional validity of legislation regarding claims of victims of the Bhopal gas leak disaster. In that case, the three-judge majority opinion was written by Justice Mukherjee, while Justice Ahmadi agreed with a partly dissenting opinion written by Justice Ranganathan saying that the old antiquated Act should be drastically amended or freshly enacted, and should contain appropriate provision for the payment of fixed minimum compensation on “no fault liability” during the pending adjudication of the claims by a prescribed forum.
In another Bhopal gas leak case (1991), Union Carbide v. Union of India, Justice Ahmadi along with Justice R. Mishra held that there is no power in court to confer immunity for criminal prosecution and punishment; such immunity may amount to preferential treatment violative of the equality clause. They further stated that the citizen is entitled to be under the rule of the law and not the rule of discretion.
He was also part of a five-judge bench in the Cauvery basin water dispute, where the Ordinance of 1991 by the Karnataka government was held to be beyond the legislative competence of the state and therefore held to be ultra vires.
In the Mandal reservation judgment, he was the part of the majority judgment of the nine-judge bench written by Justice B.P. Jeevan Reddy (for three other judges) which was further concurred by separate opinions of two more judges. In another nine-judge bench, which created the Collegium system (the 2nd judges case) for the appointment of judges, he disagreed with the majority judgment, while giving a different interpretation of Articles 124 and 217 of the Constitution of India. However, he still held that the degree of judicial independence is near total after a person is appointed and inducted into the judicial family, and on the administrative side the chief justice of India enjoys limited primacy with regard to managing the court business. At the same time, the president, i.e. the executive, does not enjoy the right of veto in the same sense that the president is not bound to act according to his views. He held that graded weight has to be attached to the views of the chief justice of India.
On the other issue, relating to exclusion of powers of the high court in relation to Articles 226/227 of the Constitution of India, while heading a seven-judge bench, Justice Ahmadi struck down certain provisions of the Constitution of India introduced through amendment by stating that though power of amending the Constitution is with the Parliament, it cannot be exercised so as to damage the basic features of the Constitution or to destroy its basic structure.
We can also not forget Justice Ahmadi’s concurring view to the majority judgment in the S.R. Bommai case, where he commented on secularism under the Constitution. He stated that India is a country with a rich heritage. Several races have converged in this sub-continent. Consequently, these diversities have thrown up their own problems but the early leadership had showed wisdom and sanctity in tackling them by preaching the philosophy of accommodation and tolerance.
In 1993, the Union government acquired land measuring about 67 acres in Ayodhya, which included the land where the Babri Masjid existed before its demolition in 1992. The Acquisition of Certain Area of Ayodhya Act also declared the abatement of the all the pending legal proceedings. The majority view of the three Judges authored by Justice J.S. Verma upheld the Act in part and held that the acquisition was valid. Justice Ahmadi dissented with the majority view, and agreed with the dissenting opinion written by Justice S.P. Bharucha setting aside the Act in totality. While setting aside the Act, the dissenting opinion noted that “Ayodhya is a storm that will pass. The dignity and honour of the Supreme Court cannot be compromised because of it.”
In my view, the majority opinion was a balancing act by the Supreme Court which paved the way for further judicial proceedings, culminating into a final unanimous verdict of the constitution bench in 2019 completely ousting the Masjid from the place where it stood for a period of more than 400 years.
After demitting office as a judge of the Supreme Court, Justice Ahmadi was the chief trustee of the Bhopal Memorial Hospital Trust for a period of over 10 years, which was essentially meant for the victims of the gas tragedy. During his tenure, the hospital was very effectively administered and rendered true public service. He was chancellor of Aligarh Muslim University. He conducted arbitrations and delivered lectures on various public fora.
Justice Ahmadi showed his courage and conviction in upholding the constitutional culture in our diverse system and ensured that the spirit of diversity in the Constitution is not nullified by giving certain interpretations which go against the spirit of the Constitution itself. As a judge, he showed judicial statesmanship and took a strong position to uphold the sanctity of the Constitution. He will be remembered amongst those judges who were strong and did not succumb to the will of the executive.
As an academic and a citizen of India, he opposed hate speech, imposition of one culture over the other and arbitrary police power, and propagated unity in diversity and appealed to citizens to treat every denomination as a part of the larger society rather than trying to marginalise certain groups. His wife passed away in August 2022, he has joined her within six months. His son, senior counsel Huzefa Ahmadi, and daughter, advocate Tasneem Ahmadi, will carry forward his legacy.
M.R. Shamshad is an advocate, Supreme Court of India.
Edited by Jahnavi Sen.
source: http://www.thewire.in / The Wire / Home> Opinion> Law / by M R Shamshad / March 03rd, 2023
People usually hurry to reach Mina creating tremendous risk for themselves and others. It’s during this ritual that chaos is triggered.
I went for Haj pilgrimage with my wife in December-January 2006. During the journey, we noticed that the Gulf region was unstable owing to the trial of the deposed Iraqi dictator Saddam Hussein in Baghdad and emotions were running high among the Arabs. The political fever in the region also spread among Haj pilgrims. Emotions and arguments add to the atmospherics of Haj. One can imagine the energy and excitement of a pilgrimage in which millions of people from diverse linguistic, ethnic and racial backgrounds are united by religion.
Our delegation was special as we were being accompanied by former Chief Justice of India A.M. Ahmadi and other dignitaries from different parts of India. But from the beginning of the journey, I saw that arrangements on the ground were not quite right. The Saudi officials gave out instructions only in Arabic, though most of the pilgrims were unfamiliar with the language.
Countries that send the largest number of pilgrims are from South and Southeast Asia like Indonesia, Pakistan, Bangladesh, Afghanistan and India. People from this region speak many languages. Special attention is needed for the elderly, many of whom undertake foreign travel for the first time and, therefore, are quite disoriented and find it difficult to adjust to sudden orders yelled out in Arabic by policemen.
Also, the Saudi rules aim at segregation of men and women which creates a lot of problems for first-time travellers from our region. Often families which are separated by the Saudi police have to endure hardship, which is multiplied because neither the pilgrims nor the police can understand each other.
The process of Haj starts from Mina where one has to begin early after a prayer, followed by the circumambulation of the holy mosque Kaaba. The pilgrimage ends at Mina following the ritual of ‘Stoning the Shaitan.’ This last ritual at Mina needs to be completed before sunset and people usually hurry to reach Mina creating tremendous risk for themselves and others. It’s during this ritual that chaos is triggered.
On January 12, as we were returning to Mina for the last ritual of Haj, we saw the big stampede from a distance as waves of people collided. Dust and fear enveloped us. Our group stopped midway out of fear and went back to Mecca.
Next morning, we started early at 3 a.m. for the dash to Mina. On the way, we saw huge piles of shoes, clothes, and water bottles left behind by the stampede victims being loaded onto the trucks by the police. Officials informed us that around 350 people had died in the stampede and hundreds more were injured. The possessions of the pilgrims left behind made me suspicious of the official account.
The road to Mina which is where the stampedes often happen is very risky as it’s the only one for the journey to Mina and for returning to Mecca. I am told that the Saudi government has created an alternative route for the pilgrims returning to Mecca but that route is longer and many pilgrims continue to return by the old, shorter and narrow route which puts them at risk.
Year after year, stampedes have taken place on the same route near Mina, yet the Saudi authorities have failed to do anything to reduce the risk.
The occasion of Haj brings more than three million pilgrims to Mecca. A number of factors can trigger a crisis and a stampede on the ground where the crowd is united by religion and divided by political sentiments of the Arab countries. Sabotage is often suspected when such tragedies take place.
The Saudi government should also be open to learning from other countries where a large number of pilgrims congregate, for example in India’s Kumbh Melas and in the Vatican where authorities take care of the linguistic differences while managing people. There is no harm in learning from others.
Prof. Pasha teaches West Asian politics in JNU.
(As told to Kallol Bhattacherjee)
source: http://www.thehindu.com / The Hindu / Home> National / by Prof. A.K. Pasha / September 26th, 2015
