Poetic licence: Justice Khosa’s ode to the verdict

Published: May 9, 2012
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Justice Khosa says he is in ‘respectful agreement’ with the proposed judgement authored by Justice Nasirul Mulk. PHOTO: AFP/FILE

Justice Khosa says he is in ‘respectful agreement’ with the proposed judgement authored by Justice Nasirul Mulk. PHOTO: AFP/FILE

Pity the nation that demands justice for all but is agitated when justice hurts its political loyalty.

This is part of a long addition Justice Asif Saeed Khan Khosa made to Khalil Gibran’s Pity the Nation in a six page additional note that was released with the detailed verdict in Prime Minister Yousaf Raza Gilani’s contempt case.

Justice Khosa, who was part of the seven-member bench that had announced the verdict, says that he is in ‘respectful agreement’ with the proposed judgement authored by Justice Nasirul Mulk.

In a six page addition that he makes to the 77 page detailed verdict, Justice Khosa quotes Khalil Gibran and with “an apology” makes a 321 word addition to Pity the Nation.

He says that Gilani’s conduct in the case is indicative of a bigger malady, one which if not checked or cured may “overwhelm or engulf all of us as a nation.”

Justice Khosa then goes on to quote an extract from For Whom the Bell Tolls by John Donne

Each man’s death diminishes me,

For I am involved in mankind.

Therefore, send not to know

For whom the bell tolls,

It tolls for thee.

Power to the people

Justice Khosa said the ultimate ownership and power of the constitution, and all the organs and institutions created under it, lies with the people. He then went on to quote the preamble of the 1973 Constitution:

We, the people of Pakistan – Do hereby, through our representatives in the National Assembly, adopt, enact and give to ourselves, this constitution.

Justice Khosa said that the power to punish a person for contempt of court is also with the people, and through the constitution they have “entrusted or delegated” this power to the courts.

Collective damnation

Bleak words end the six page additional note. In the conviction of Gilani, says Justice Khosa, lies our collective damnation.

He said Justice Mulk’s order is a step in the right direction as, “It kindles a flame of hope for a future for our nation which may establish a just and fair order, an order wherein the law rules and all citizens are equal before the law.”

The full version of Justice Khosa’s addition to Pity the Nation can be viewed here:

http://tribune.com.pk/story/375771/pm-contempt-for-whom-the-bell-tolls-it-tolls-for-thee/

Published in The Express Tribune, May 9th, 2012.

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Reader Comments (10)

  • Khalid Javed
    May 9, 2012 - 9:12AM

    Why the caption has to be bit sarcastic i.e, Poetic License?

    Pity the news desk that tries to mock at the ribs-breaking agony which respected Justice Khosa underwent on account of the shameless defiance of our politicians.

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  • Usman
    May 9, 2012 - 12:50PM

    Justice Khosa
    …. my new hero

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  • Rahat
    May 9, 2012 - 1:05PM

    With due respect the honorable justice should start politics and mobilize people for change, unfortunately the forum he is representing is not such for purposes if I am not wrong.

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  • Maleeha
    May 9, 2012 - 2:45PM

    @Usman: if its sarcasm i enjoyed it :D

    the SC website (as retrieved on Wed 9, MAY 2012) says Justice Khosa belongs to a well-educated, landed, well-known and well-placed family of the Punjab. His late father Sardar Faiz Muhammad Khan Khosa, who was awarded the Tehrik-e-Pakistan Gold Medal by the Punjab Government for having worked closely with the Quaid-e-Azam in the struggle for Independence, was an Advocate of the Supreme Court of Pakistan who had also served as an elected member of the Pakistan Bar Council. Justice Khosa is son-in-law of Justice (Retired) Dr. Syed Nasim Hasan Shah who served the superior judiciary of Pakistan for over twenty-six years and retired as Chief Justice of Pakistan in the year 1994.
    I know the context now! I see his future bright and more well!

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  • Maleeha
    May 9, 2012 - 2:55PM

    @Rahat: Exactly! to see how bright his future is read the urdu version http://www.express.com.pk/epaper/PoPupwindow.aspx?newsID=1101517824&Issue=NP_LHE&Date=20120509
    I hail this retrogressive revolution!

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  • Sultan Khan
    May 9, 2012 - 4:35PM

    @Rahat: He is already there.

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  • ibneanwar
    May 9, 2012 - 9:46PM

    Justice khosa has given the names public, who on the same day, supreme court issued the short order, had given their own verdict in Multan by election. I can understand his frustration. One thing he forgot that those who try to abuse the masses, lost in the darkness of history.

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  • Nido...
    May 10, 2012 - 1:07AM

    with due respect to Rahat……if you are doing anything..than some one has to do….he is right to say some thing because he hold a very precious office of justice…..what wrong he said if he really tell you about ur reality….think of urself first than see the Honourable Justice Khosa…he has given a true picture of our pity…shamless…feelingless…and unjustice socity..thanx

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  • Zaheer
    May 11, 2012 - 1:32AM

    It would have been better if Khosa had delivered his advice at Mochi gate instead of the court room. I am not sure but have heard he is one of those judges who took oath under PCO and also gave legal protection to Musharaf! If that is true, then he is the perfect role model for our traditional judges. If as Maleeha points out, he is the son-in-law of Nasim Hassan Shah then nothing should come as a surprise from that low-life quality of human beings who order Bhutto’s execution, then wrote in his book that he had to do so to save his job!!!!

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  • Zaheer
    May 11, 2012 - 1:33AM

    @Usman:

    Who was the last one? Bin Laden?

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