[Recap: Part XI of this serial, over a year ago, underscored Pakistan’s “complicit-oppressor judiciary’s strengths, vulnerabilities and tiered approach to justice.” It ended with a stark note that the judiciary “needed a volcanic shake-up; it needed to be reminded of the fate, met by Sisamnes, a judge during the reign of Cambyses II, the Iranian emperor from the Achaemenid dynasty (560 – 522 BC); and, of course, of the Divine Wrath.”]
Pakistan’s judiciary, instead of being an independent pillar of the state, often serves the interests of the ruling elite and wealthy individuals. This is primarily because self-interest, political patronage, external pressure, and institutional corruption take precedence over constitutional principles.
Moreover, the absence of effective accountability mechanisms allows judicial misconduct to go unchecked, reinforcing a culture of selective justice and favouritism.
That is why it needs a wake-up call. It needs to be reminded of Pakistan’s raison d’être – Islam, and told candidly that it is way below even its non-Muslim counterparts. This can be done in two ways: by refreshing its memory with teachings of the holy Quran and Sunnah on justice, and by displaying the 15th-century Dutch artist, Gerard David’s painting, “The Judgment of Cambyses”, in every Pakistani court.
The absence of effective accountability mechanisms allows judicial misconduct to go unchecked, reinforcing a culture of selective justice and favouritism.
According to historical accounts, Sisamnes was a judge during the reign of Cambyses II, the Iranian emperor from the Achaemenid dynasty (560 — 522 BC). Reportedly, he accepted illegal gratification in return for an unjust verdict. When Cambyses discovered this, he decided to make a horrible example of him by ordering a gruesome death.
Sisamnes was skinned alive. Cambyses didn’t stop there. He had the judge’s chair upholstered with Sisamnes’ skin so that every judge who sat on it would remember the price of corruption. Cambyses appointed Sisamnes’ son, Otanes, as his successor. This appointment came with a loud and stern warning that judges must uphold justice or be prepared to face Cambyses’ death.
This story is often cited in discussions about judicial ethics and the severe consequences of corruption. While the story’s historical accuracy is debated and its brutality is debatable, its symbolic value has endured, illustrating the importance of integrity in judicial roles.
In the Middle Ages and Renaissance, it was a popular subject in art and literature, serving as a moral tale about the severe repercussions of judicial malpractice.
The enduring force of this narrative found expression in the work of the Dutch artist, Gerard David. His painting The Judgment of Cambyses captures the moment with unsettling clarity, which serves as a stark reminder of the importance of justice. One is tempted to suggest that reproductions of this painting be displayed in courtrooms across Pakistan. Not to endorse brutality, nor merely as decoration, but just a visual admonition and a reminder. Institutions, like individuals, are prone to forgetting what they are meant to uphold.
Judges of the Islamic Republic also need to be reminded that Islam places tremendous emphasis on justice, integrity, and fairness for judges.
The Quran and Sunnah clearly command them to rule with justice, warn against corruption and favouritism, and prescribe severe punishments for those who flout these injunctions. Pakistani judges need to start the day with an assembly, where the following verses and Ahadith are recited and translated to them.
“O ye who believe! stand out firmly for justice, as witnesses to Allah, even as against yourselves, or your parents, or your kin, and whether it be (against) rich or poor: for Allah can best protect both. Follow not the lusts (of your hearts), lest ye swerve, and if ye distort (justice) or decline to do justice, verily Allah is well-acquainted with all that ye do.” (Surah An-Nisa 4:135)
“… And when ye judge between man and man, that ye judge with justice: Verily how excellent is the teaching which He giveth you! For Allah is He Who heareth and seeth all things.” (Surah An-Nisa 4:58)
“O ye who believe! … let not the hatred of others to you make you swerve to wrong and depart from justice. Be just: that is next to piety, and fear Allah. For Allah is well-acquainted with all that ye do.” (Surah Al-Ma’idah 5:8)
The Holy Prophet (?) said: “Judges are of three types: one will go to Paradise, and two will go to Hell. The one who will go to Paradise is the man who knows what is right and gives judgment accordingly. The one who knows what is right but acts unjustly in his judgment will go to Hell. The one who gives judgment without knowledge will also go to Hell.” (Sunan Abi Dawood 3573, Jami’ al-Tirmidhi 1322)
During the time of the Holy Prophet (?), a noble woman from the Makhzum tribe committed theft. Some people wanted to intercede on her behalf. The Holy Prophet (?) became angry and said:
“By Allah, if Fatimah, the daughter of Muhammad, were to steal, I would cut off her hand.” (Sahih al-Bukhari 6788, Sahih Muslim 1688)
This shows that even the Holy Prophet (?) would not show favouritism to his own daughter in matters of justice.
Unfortunately, however, one of Pakistan’s illustrious judges did so unabashedly. Only God knows whether it was a blatant demonstration of solidarity with a political dynasty or an over-enthusiastic espousal of feminism!
In either case, this left no doubt in anyone’s mind that religion is mostly used as a public façade, rather than a genuine guiding principle. Until judges prioritise moral integrity over self-interest and external pressures, the judiciary will remain a tool for power rather than a guardian of justice. And the society, where judges are unjust, inevitably falls into chaos and destruction.
Hence, the moral of the Sisamnes-Cambyses II story.
(To be continued)
The writer is a former diplomat, based in Canberra and can be reached at khizar_niazi @hotmail.com.