“The one thing that doesn’t abide by majority rule is a person’s conscience” – To Kill A Mockingbird

I am confident that those who have had the privilege of working under his tutelage will agree, a befitting statement that indubitably encapsulates the man that is Justice Maqbool Baqar. Having served as his law clerk, I could find no better way to bid adieu than to give a tribute by sharing my personal experiences with him and giving an insight into the man beneath the robe. Before divulging any further, I must confess that it will be an arduous task to remain within the confines of an objective account as having spent the last two and a half years with him has only led me to hold him in greater and greater regard. For this reason, I fully acknowledge that I write this account in full hopes that all readers bear witness to his ineffable person.

Entering his chambers for the first time, I was welcomed by beige wall-to-wall carpets, plain furniture, and stark white lighting, a chamber almost daunting in its austere simplicity. Even now, at the end of his tenure, his chamber remains unaltered, a testament to his humility and modesty, which he has reflected in all walks of life. Our first interaction was relatively straightforward; formalities were exchanged and my responsibilities were assigned. Yet, I could already sense what good luck had befallen me in that moment; a notion that would be reinforced in the years to come.

The relationship between a judge and a law clerk is unique, distinct from any other professional relationship. Working in such propinquity with a judge of the Supreme Court is an invaluable experience, a fact that was only fortified the longer I worked for him. I suspect that in my legal career, I will not be able to emulate or mirror the relationship shared between Baqar J and I. No other professional role replicates the distinct blend of mentorship, partnership, and public responsibility as that between a law clerk and their judge. Over the course of my term, I grew to be his confidant, friend, and constant companion, as he became mine.

Our relationship transcended beyond the confines of a judge and law clerk; in his chamber, we debated as equals. He challenged me, tolerated my presumptions or misconceptions ever so kindly, he would point out the flaws in my thinking, and by the end of our sittings, he would win my wholehearted agreement. I was encouraged to correct him where I thought he was wrong, be it his court etiquette, opinions, or his judgements. He took criticism gladly and has always been a great proponent of intellectual discourse.

His judicial craftsmanship and legal acumen set a standard for professionalism that a young lawyer such as I could never outgrow. In those carpet-clad and book-lined chambers, paishis – the common parlance for case briefs within the court – were painstakingly scrutinized, bundles of files scattered across desks analyzed, judgements and orders drafted and then redrafted to ensure no mistakes were made. To say Baqar J. strives for perfection is an understatement. He is the quintessential workhorse. Attention was paid to every minute detail, all files were read, all relevant laws were interpreted in an honest manner to yield just results. Once the “donkey work” – as he would often describe it –was completed and he would have reviewed his work countless times, he would invite me into his chambers where we would again go over it through a fine-tooth comb. This need for perfection in his mind was a blessing and a curse, and he would usually refer to it as a bad habit, one which he could not seem to quit. Yet I always begged to differ. The product of his constant need for perfection is what produced the immaculate judgements, which will forever leave their mark on Pakistani jurisprudence.

Though there is an abundance of memories I could choose from to illustrate the zeal he had for his work, one particular instance is now permanently etched in my memory. While working one of those late nights, I was with him in his chambers. We were examining considerable amounts of files and records, flipping through the pages, one after the other. Much to my dismay and consternation, I caught a glimpse of his thumb covered in blood, which was, by the second, becoming aggravated as a result of him feverishly flipping through the pages. He paid no heed, however, he would simply wipe his fingers, apply medication and continue reading, completely unfazed and undeterred. The cycle would repeat itself every few minutes; he never complained once, nor did he show any signs of stopping, and this lasted much of the night. The following morning, I arrived exhausted and disheveled , yet, true to form, he had arrived earlier than usual and was already hard at work. Upon seeing my bloodshot eyes and messy hair, he teased me about whether I had gotten tired already. Never have I witnessed someone with so much commitment to his job as Baqar J. He has quite literally put his blood, sweat, and tears into his work, which is evident from the staggering number of judgements authored by him during his tenure at the Supreme Court. His tenacious work ethic often stands foremost in the minds of those who have worked with him, and it will always serve as an inspiration for me in my legal career.

I do not overstate when I say the sheer volume and intensity of his work took up the entirety of his day. Most of his day would be spent either on the bench or in his chambers. This sometimes saddened him, being the adventurous soul he is, as he did not have the opportunity to explore and experience Islamabad during his entire tenure. He once asked me to draw up a list of must-see attractions in Islamabad; regretfully, the contents of that list remain unchecked to this day. This is because his priority was his work and anything else would pale in comparison. However, he never complained, he was here to perform a public service, and that was his focal point for the entirety of his tenure. Even in the last few days leading up to his retirement, when it was expected that he would sit back and take one last look at the fruits of his labour, he worked tirelessly and up till the last moment, determined to uphold his oath to administer justice.

Without fail, he was fully prepared and composed every day on the bench. Having spent almost the entirety of the previous day going through each brief, the cases would be at his fingertips. Cautious of the court's time and the plethora of briefs on any given day, he would endeavour to ensure that every party was heard. His interpretation of the law was always ready to address the plight of the aggrieved if he could. In him, the instincts of democracy were a force that moved him to speak out and act for the rights of our Constitutional principles. In the short span of bench time, he would swiftly grasp the lawyers’ arguments, ask the relevant questions, and move on to decide the case. Every so often, when a lawyer would be unsure of the case himself, he would not only grant them time to prepare the case but also guide them on the aspects that could potentially strengthen their case. Never in a rush to decide, his conscience couldn't allow him to determine the fate of a party without being entirely certain of his decision.

There are particular virtues a man possesses that shine through and define them as a person, the one I admired the most about him is his patience. He was a sweet-tempered man, whose nature was exemplified by his etiquette on the bench and in his chambers. There have been times when I could not deliver, times when I had let him down; however, not once did he ever raise his voice. He would point out my faults, and that would be the end of it, nothing more and nothing less. I was always wary of the fact that the little which he did say – when he did – was only for my benefit. Despite being the fiercely independent judge that he was, he was accustomed to working on his own. Despite that, for what potential he saw in me, he constantly sought to guide me and mould me into a better lawyer and human being. His paternalistic instincts would always prevail, and on the few days I would be unwell and unable to come to court, he would personally call me to make sure I was alright and whether I needed anything. He was the same with all members of his staff, always kind, always courteous and always considerate. Because of this, Justice Baqar’s staff has adored and held him in reverence. The work ethic he has instilled in the entire staff has inculcated within us all a never-ending passion for our work, which will first and foremost always be the pursuit of a just cause. Undeniably he is a true humanist, and of those who know him, I am yet to find someone who can disagree.

Amongst other things, he is a poet, philosopher, and ardent foodie. The poet in him also emerges in his work. I’ve always told him to pursue writing after retirement, and if he does, I’ll be the first in line to buy his book. During court sessions at the Karachi registry, I vividly recall how he ordered Nihari for his whole staff three days in a row, from different restaurants, each day comparing the taste to see which eatery cooked it best, turning us all into food critics like himself. Still full from the previous days of overeating, I once declined to eat. To my amusement, he tossed a naan on my plate and remarked “nihari ki tauheen matt karo!”

I will forever cherish our daily tea-time ritual, which eventually became sacred for us both. Our discussions covered a diverse range of subjects, from legal or political debates to trivial topics such as the types of wood used to make good furniture. He could turn any conversation into an erudite discussion, and there was never a dull moment within his chambers. Our tea sessions would serve as a refreshing break. Once the cup was empty and placed back down on the saucer, he would often remark, “dimagh fresh hojata hay!” before picking up the work from where he had left off. This was my cue to leave, as he would often forget the world around him after that.

His unwavering struggle to uphold the sanctity of democracy often put him in demanding situations, and often drew ire, nevertheless he persisted. His strong-willed nature has inspired me to fight for what I believe in unrelentingly, even if it means going against the tide. Whenever I asked for professional advice, he would always repeat the same: always be prepared, always be courteous to both the lawyer and the judge, no matter how frivolous you may think they are, never let it show, put your head down and work hard; the road to a successful lawyer is a tough one, but the fruits of labor are worth the effort.

Each day I restlessly lay in anticipation, waiting for his bell to ring and the Qasid beckoning me to his chamber; in my memory, the echoes of that bell will forever ring. I have known him as a mentor, father figure and friend, and though I was aware from the outset that this job was by its very nature transient, I know the bond that I have forged with him remains eternal. He has left a formidable imprint on the sands of judicial history, and as his protégé, I will carry with me and forward the legacy of Baqar J.

(The author is a barrister and retiring judicial law clerk)