Daily Times

Work honestly and sincerely, and be faithful and loyal to the Pakistan government. I can assure you that there is nothing greater in this world than your own conscience and, when you appear before God, you can say that you performed your duty with the highest sense of integrity, honesty and loyalty

— Mohammad Ali Jinnah; February 14, 1948

In August 1947, a lawyer Mohammad Ali Jinnah, with the fabulous support of his sister, Dr Fatima Jinnah, a dental surgeon, formed Pakistan. India’s founding father, Mohandas Karamchand Gandhi, was also a lawyer. Dr Mohammad Iqbal, a common personality between Pakistan and India, was also a barrister. Pakistan’s first foreign minister, Sir Muhammad Zafrullah Khan, was honoured with a prestigious status in the world’s justice system. But unfortunately, the modern day Pakistan and India have failed to follow the teachings, sayings and practices of their founding fathers, socially as well as politically.

Justice is one of the core values in a religion. No religion in the world history proposes injustice or delayed justice. Islam as a religion is a great apostle of justice, that isthe justice through a judicial process. Zafrullah Khan explained that the pre-Islam Arabs were unfamiliar with the administration of justice, judicial machinery, courts and judges. He said: “Islam not only introduced this concept but made the settlements of the disputes through judicial determination obligatory about Muslims.” In the Islamic Republic of Pakistan, all professionals are bound to abide by the concerning professional ethics, at any cost.

Edmund Burke simplifies law as: “Law, like houses, lean on one another.” Hennery Brougham defines a lawyer as: “A lawyer is a learned gentleman who rescues your estate from your enemies and keeps it himself.” But unfortunately, in Pakistan, law is allegedly for sale, and health is the last priority of the state. These are the major reasons of conflict between morality and objective.

Some of these lawyers would be judges some day. The question arises: what kind of specialists of law does Pakistan’s judicial system produce?

Morality is basically a training to pursue the objective of social business, with grace of course. A worthwhile society can be judged on moral grounds, determined by the sanctity of professions and practices of their services. Practice of professions like lawyers and doctors is the face of any society.

Unfortunately, lawyers and doctors, two of the most significant occupations, are standing against each other in Pakistan. Lawyers (justice) and doctors (health) are not only professionals but are also responsible to stimulate a healthy and prolific society. The Holy Prophet (PBUH) also practised both these professions in his holy life; he was the symbol of justice and was also the ‘Tib-e-Nabwi’. His worthy views prove the utility of the field of medicine.

The conflict between doctors and lawyers, and the attack of lawyers on the Punjab Institute of Cardiology (PIC) Lahore on December 11, 2019, was the victory of the pathetic mind-set practised in the Pakistani society when five hundred lawyers attack a cardiac hospital in the ‘Heart of Pakistan’. It was a conflict of ego and prestige and PIC was made the battleground. People of both professions forgot their oaths, which led to country’s humiliation.

Chief Minister of Punjab Usman Buzdar, a professional lawyer, and his administrative machinery failed to contain the horrible situation, causing nine causalities. The lawyers’ attack on PIC was not only destructive for patients and doctors and the infrastructure but also damaging for Pakistan. It got the country labelled as an ‘uncontrolled nation’. Lawyers used the law for lawlessness. They proved that there is the rule of lawyers but not the rule of law in Pakistan. The question is still there: with that attack on PIC what did the lawyers wish to prove?

Surprisingly, many political notables of Pakistan-Liaquat Ali Khan, Aitzaz Ahsan, Zulfiqar Ali Bhutto, Nawaz Sharif, Rafique Tarar, Hamid Khan, Waseem Sajjad, Babar Awan, Fawad Chauhary, Ahmad Raza Kasuri, Farooq HNaik, Farogh Naseem and Javed Hashmi-are lawyers. Even a large number of the incumbent parliamentarians belongs to this noble profession, but no one is accepting responsibility of this heinous crime by the so-called lawyers in a cardiac hospital, something that is prohibited even during a war. The silence of the high courts, the Supreme Courtand other legal bodies is a clear gesture of acceptance for such bad behaviour in society. It further establishes that their bond with these criminals in lawyers’ masks is more important than their professional responsibilities. That definitely is strengthening the notion of the ‘rule of lawyers’ in Pakistan.

There is no junior or senior in professions; all are professionals and responsible for their actions and words. That is not all. Some of these lawyers would be judges some day. The question arises: what kind of specialists of law does Pakistan’s judicial system produce? Unfortunately, the bar councils are not condemning the culprits but are demanding to release the accused lawyers. Many lawyers are under arrest, and the case has been registered under section 7 of ATA and 452, 395, 353, 322, 148 and 337 H (2) of the PPC. But the lawyers’ organisations are threatening the government and law enforcement agencies to highjack the administrative system of the country with more criminal offences. The PIC attack and the aggressive behaviour of the lawyers was an open violation of the sections 4 and 9 and exploitation of the sections of 16 and 17 of the Constitution of 1973.

Doctors were also aggressive. Young doctors during strikes show a violent conduct; these strikes compromise many valuable lives. President of Pakistan Dr Arif Alvi, a dental surgeon, and Special Advisor to PM for Information and Broadcasting Dr Firdous Ashiq Awan have failed to change the non-serious behaviour of doctors. The long strikes of YDA and paramedical staff, allegedly with the moral support of senior doctors, are responsible for various causalities and severe medical negligence. For PIC’s horrible incident, doctors are also blamed. It is the hospital and the patients that suffered.

The gift of the last regime of the PPP to the nation of Pakistan was strikes to get approval for demands. Political parties, particularly opposition parties, usually get a political benefit from a strike by any group of professionals. In case of lawyers, every political party has its lawyer wing, and these politically associated lawyers allegedly protect the legal or illegal acts of their respective political parties. The negative conduct of professionals and politicians is bifurcating the nation.

In Pakistan, usually, there are political factors behind lawyers’ actions; they use them for their own objectives, particularly to multiply the vote bank and to get legal advice. Shahbaz Sharif’s phone call to Justice Malik Quayyum, bail of the penalised Nawaz Sharif and his departure to UK, and the departure of model, Ayyan Ali, are big question marks on the judicial system of Pakistan. This is not justice but ‘just-ice’ in Pakistan’s judicial system.

It is not that the entire medical or lawyer community is immoral and ruthless, but a few non-professionals are exploiting both the noble professions. One is responsible for social and the other is responsible for physical health. Both are mandatory for services of society. These professions are to serve the humanity and also to strengthen social values. If any state fails to implement the values and true practices of these professions, it is society that pays for it. That can be devastating to the existence and survival of a progressive society.

The writer can be reached at busharathistorian@gmail.com