Original Articles

Foot in Mouth Award 2010: Justice Ad-hoc Khalil ul Rehman Ramday – by Saad Mansoor

The Foot in Mouth award is awarded each year by the Plain English Campaign for a baffling comment in English language by a prominent figure. The comment can be inappropriate for being queer in grammar or content or both. The English proverb after which the award is named, ‘foot in the mouth’, simply means a distasteful or foul oration. The proverb I believe is self explanatory. It further goes without saying that if similar award was to be given in Pakistan, despite tough competition from Chief Justice Lahore High Court Khwaja Sharif, the outright winner would be Justice Khalil ul Rehman Ramday. While all of his golden quotes can fill volumes, some select few and their apparent fallacy or foolishness have been reproduced here to impress his exemplary personality upon the readers.

Not few days ago,

Justice Khalilur Rehman Ramday said in his remarks, ” the courts had been left with no task but to pocket insults.” October 2010

So sir, you do finally realise your public standing? Had you paid a bit more attention to serving the people of Pakistan than focusing on lynching their elected representatives day and night, you would be receiving some accolades, but since you are not doing so, enjoying your well deserved share of insults.

He also observed,

“CJP Iftikhar Muhammad Chaudhry was held by hair and dragged, but we did not take any action. Whenever such an incident takes place, a strategy is adopted with wisdom. We did not take revenge on anyone for what happened with us after March 9, 2007,” October 2010

Are you suggesting that in following the course of law you did me or the people of Pakistan a favor? The fact that why the Chief Justice of Pakistan did not get a FIR registered is another matter.

Another member of the bench, Justice Ramday said that wherever judges try to raise their heads, they are immediately showered with hammers. September 28, 2010.

When did they raise their heads? Can you quote one incident other than 9th March? Also, may I suggest that you refrain from basking in CJP Iftikhar Muhammad Chaudry’s glory, using it to put yourself on a pedestal.

Justice Khalilur Rehman Ramday said: “We judges cannot sit as silent onlookers if someone is committing suicide before us.” 30 September, 2010

What?! Didn’t you guys do exactly that during the eight year Mush rule? Yes, before your sudden awakening! When all the banks, flour, sugar and rice mills, stocks in power plants, PTCL, KESC and many other institutions had been given away in shady privatisation deals and stock market had crashed twice.

These two quotes both part of the 18th amendment case proceedings, in response to different arguments pertaining to the amendment with respect to appointment of judges.

Justice Khalilur Rehman Ramday remarked that the judiciary was separated and detached from the executive, but now the latter’s role was being enhanced while in the UK, the executive’s role was minimised in appointments.

“Judge is appointed by the Senate in US. But here in Pakistan ground realities will have to be looked into,” Justice Khalilur Rehman Ramday remarked.

So sir, do you think people of Pakistan are stupid? We are not ignorant fools, heads-I-win, tails-you-lose is not going work. Be ethical and pick a side.

Justice Ramday cited in a judgment that Article 248 came up for interpretation in Ch Zahur Ilahi’s case (PLD 1975 SC 383), which stated the scope and the operational area of the said provision as “…the immunity provisions must, in accordance with the accepted principles of interpretation, be construed strictly and unless persons claiming the immunity comes strictly within the terms of the provisions granting the immunity, the immunity cannot be extended. The immunity is in the nature of an exception to the general rule that no one is above the law.”

The matter was further explained thus: “Hence, since neither the Constitution nor any law can possibly authorise him to commit a criminal act or do anything which is contrary to law, the immunity cannot extend to illegal or unconstitutional acts.”

Okay, so the immunity extends only when you convict people for actions permissible under law, got it!

On the formation of a judicial commission Justice Khalilur Rehman Ramday said, during a hearing

‘Thank God that our ministers and bureaucrats are honest and angels. The sheer fault lies only with the judges; hence, they must be set right.’

No sir they aren’t but the bureaucracy is not (directly) governed by the Constitution, hence their appointment was not covered in the eighteenth amendment. Seems you missed out on some crucial lessons at law school. As for the ministers, why do you question their eligibility, did you yourself not say in Court that it was up to nation to decide to whom they wanted to see as judge or otherwise. So why do you not honour their decision when it is not in your favour.

At a different date he further remarked,

The judiciary had rendered sacrifices, judges faced detention and hunger along with their children and had to let go numerous competent brother judges by way of the July 31 verdict (for taking oath under the PCO) only to save the democratic system. But, he said, the hands of the same judiciary were being tied.

Honourable sir, you with your fellow lordships suffered four months of detention in your house with your families. This was done at the hands of a dictator whom you strengthened and served unconditionally for eight years. For such support you deserve a minimum of life imprisonment. Moreover, while you walked hand in hand with the dictator, hundreds of politicians and political workers were tortured until they changed loyalties.

Should your logic be accepted why don’t you give the political leadership of the country a free pass they have earned as per your logic? Each one of them has sacrificed more than the entire judiciary put together.

But above all his quote for which he truly deserves an award is his outright admission in the Court, ten days before the 3rd November emergency, while Barrister Aitzaz Ahsan was pleading the case of Justice Retired Wajihuddin.

“I am not ashamed if I had taken the oath under the PCO,” Justice Ramday observed. “We have made our country, its institutions and the Constitution a matter of laughing stock in the world.” He said that whatever ‘burble and verbal jugglery’ might be behind the changes made since 1977 in the Constitution, the country had been ruled under the Constitution.“But we sit here and waste days and weeks trying to understand (interpreting things).”

Sir, this was at the peak of the historic lawyers movement. You had the audacity to not only defend your oath under the PCO but also question why should you be ashamed. One is forced to wonder that had you been offered an oath by Musharraf again, would you have stood by Iftikhar Muhammad Chaudhry?

While, his lack of shame on committing treason deserves recognition, it is for his persistent shamelessness two years on that we award him Foot in Mouth.

Justice Ramday recalled that, “all the validations accorded by the judiciary were temporary in nature, but asked why the one who committed treason by abrogating the Constitution and the institution (parliament) which indemnified such actions had not been touched, but the judiciary was being singled out unnecessarily.”

“All the subsequent abrogation and martial laws were not only accepted by the people but also given permanency by political leaders,” the judge regretted.

He said the 8th Amendment was one such example when the 1985 parliament indemnified all extra-constitutional actions taken by Gen Ziaul Haq.

“Why did the parliamentarians not stand up by refusing to validate Ziaul Haq’s martial law if the judiciary had given a wrong decision in the Nusrat Bhutto case?” Justice Ramday asked. He also cited the Zafar Ali Shah case in which the judiciary had given three years’ time to Gen Pervez Musharraf to hold elections.

Mr Ramday in his desperation has forgotten that the eighth amendment ratification by the sham parliament was challenged by Benazir Bhutto in Courts as it was un-Constitutional for even the house so elected was unicameral in nature, only to be disappointed by the Court yet again. The verdict mind you was given after the demise of the dictator. He has also forgotten the non-partisan elections of Zia, the low voter turnout and the suppression of people by the dictator. Both the eighth amendment and the seventeenth amendments were carried out by parliaments which were a result of heavily rigged elections, yet he would go to any length to deny any blame on his part.

For all the above comments and your lackof shame in putting such thoughts into words, you deserve Pakistan’s first Foot in Mouth Award. Congratulations!!

Originally posted on Green Goat’s Hide.

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Saad

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  • What “Ethnic Message” is being conveyed by “Justice Khalilur Rehman Ramday” – Kamal Azfar don’t even know where is Muzzaffar Garh on the Map because Kamal Azfar lives in Clifton [Khalil ur Rehman Ramday without taking his name] Wednesday, October 13, 2010, Zi Qad 04, 1431 A.H http://www.jang.com.pk/jang/oct2010-daily/13-10-2010/u49165.htm By the way many SC Judges also live in Clifton and one is in the bench. Corps Commander Karachi also live in Clifton and Flag Staff House [Pakistan Army] is also in Clifton, by the way during Kashmir Earthquake and recent Flood, people of “Posh Localities” did collect donation for the poor people and “Ramdat” was under PCO serving General Musharraf’s Martial Law.

  • @ Abdul: Indeed, the jury’s verdict was unanimous, in fact some advocated a life time award.

    @ Aamir: As I said in the beginning, there were so many gems that all could not be reproduced here.

  • Second Award goes to “Khawaja Sharif CJ LHC” – Justice Sharif’s remarks Dawn Editorial Friday, 02 Jul, 2010 http://www.dawn.com/wps/wcm/connect/dawn-content-library/dawn/the-newspaper/editorial/21-justice-sharifs-remarks-270-sk-08 There is valid concern at the report that the Lahore High Court chief justice, Khwaja Sharif, asked the PPP to quit the Punjab government if the party had objections to the appointment of Rana Maqbool as the provincial secretary prosecution. True, we are no longer living in the era when judges shunned public appearances. Judges these days are far more visible and are often seen to use their person and office to further the cause of justice and reform. But even in a judiciary as active as Pakistan’s, for a sitting chief justice to so openly deride one political party in favour of another is no less than shocking. The question of Rana Maqbool’s background is another matter altogether. A much bigger issue at the heart of the controversy, emanating from Justice Sharif’s remarks in Hafizabad on Wednesday, relates to the polarisation in the country and to the fear that this polarisation may have affected the judiciary as well.

  • Tactless remarks Dawn Editorial Thursday, 18 Mar, 2010 http://www.dawn.com/wps/wcm/connect/dawn-content-library/dawn/the-newspaper/editorial/14-tactless-remarks-830-zj-10s BARELY days after the Punjab chief minister was caught playing to the Taliban gallery, another high official from the province is in the spotlight for all the wrong reasons. This time, Lahore High Court Chief Justice Khawaja Mohammad Sharif has sparked outrage for reportedly saying that Hindus were responsible for financing acts of terrorism in Pakistan. The remarks came while the judge was hearing two identical petitions against the possible extradition of Afghan Taliban suspects. It may well have been a slip of the tongue by Mr Sharif, who might have mistakenly said ‘Hindu’ instead of ‘India’ — nevertheless it was a tasteless remark to say the least.

  • Dear Saad,

    A Former Judge of Shariat Court once told me that “Mr Justice Khalil ur Rehman Ramday” is “renowned” for his excellently polite manner:) I hope you are getting my point!!!

  • “I am not ashamed if I had taken the oath under the PCO,” Justice Ramday observed. “We have made our country, its institutions and the Constitution a matter of laughing stock in the world.” He said that whatever ‘burble and verbal jugglery’ might be behind the changes made since 1977 in the Constitution, the country had been ruled under the Constitution.“But we sit here and waste days and weeks trying to understand (interpreting things).”: Oath Uner PCO & Memory Loss of Ansar Abbasi. http://chagataikhan.blogspot.com/2010/04/oath-uner-pco-memory-loss-of-ansar.html

  • Please Saad, do not insult our high and mighty judges. You should write the words “Honorable Mr. Justice Khalil ur Rehman Ramday”

  • During the course of the proceedings, the acting AG informed the SC that despite the court’s orders, some TV channels were still conducting talk shows on the NRO. The chief justice again directed TV channels not to conduct talk shows on the NRO which is sub judice. “TV channels should not debate the matter which is sub judice: otherwise, we would issue an order in black and white in this regard,” the CJ remarked.

    According to a news report in The Nation on 8 December 2009: The Chief Justice advised the media not to discuss the matter with regard to NRO in television programmes until the case was disposed off. However, he said media could report the proceedings openly.

    For the Reference: JANG GROUP/GEO TV: Contempt of Court, Media Trial & EX. Senator Saifur Rehman.
    http://chagataikhan.blogspot.com/2009/12/jang-groupgeo-tv-contempt-of-court.html

  • MUHAMMAD SALEH ZAAFIR, SENIOR CORRESPONDENT OF JANG GROUP OF NEWSPAPERS/GEO TV & CONTEMPT OF COURT

    ISLAMABAD: The 13-member full court of the Supreme Court on Tuesday accepted the unconditional apology of a newsman for filing a report pertaining to the alleged preparation of references against four senior judges of the said bench.

    Following is the text of the order issued by the 13-member full court of the Supreme Court after unconditional apology by journalist Muhammad Saleh Zaafir:

    “Muhammad Saleh Zaafir, editor special reporting of daily Jang and The News, has entered appearance on our call in connection with the news items appearing in the Rawalpindi edition of the daily ‘Jang’ and daily ‘The News’ on 11th June, 2007, regarding some references being made against four senior hon’ble judges of this Court who, presumably also happen to be the members of this bench. The said news item appeared to be open to further serious exception because such a news item had been published, more than boldly, on the front pages of the said two newspapers on the day when the bench was expected to announce its decision on the maintainability of the petition filed in this court questioning the presidential reference against the chief justice of Pakistan. It may be added that certain insinuation have been made in the said news items pointing towards some alleged misconduct committed by the four un-named senior judges of this Court.

    2. Muhammad Saleh Zaafir, who is the reporter of the said news items, when confronted with the same, frankly and honestly conceded that he had made no effort to verify the veracity of the allegations levelled in the said news items before publishing the same nor did he have any proof in support of the contents thereof. He, however, added at the very outset that he had utmost regards and respect for not only the said hon’ble judges of this Court but for the entire judiciary; that he did not have even an iota of doubt about their integrity and character and that reporting the said news items was a grave mistake on his part.

    3. He tendered verbal unconditional apologies in open Court and also placed on record his statement to the above noted effect, in writing.

    4. The regrets offered by Muhammad Saleh Zaafir, reporter/editor, appear to be sincere and the remorse expressed by him appears to be genuine. In this view of the matter, we do not consider it necessary to proceed with the matter any further except warning him to be careful in future.

    5. On our call, Muhammad Afzal Butt, president of the Rawalpindi-Islamabad Union of Journalists, also entered appearance for assistance.

    6. The reporting of the proceedings which have taken place in Court in connection with the matter in question shall be made only to the extent that the apology tendered by the said Muhammad Saleh Zaafir shall be published in full and so would be published this order passed thereon. The daily ‘Jang’ and daily ‘The News’, which have published the news items in question, shall publish the apology and this order, prominently, on their front pages. Muhammad Saleh Zaafir undertakes to do the same and has been ordered accordingly.”

    Meanwhile, the following is the text of unconditional apology tendered by Muhammad Saleh Zaafir before the Supreme Court on Tuesday.

    “I, Muhammad Saleh Zaafir, do hereby tender an unconditional apology to the hon’ble court in relation to the contents of the story that appeared in daily The News/daily Jang on June 11, 2007.

    “I have been directed by the hon’ble court to submit any proof in relations to the contents of the said items. I would humbly submit that I have no proof whatsoever in relation to the matter discussed in the said story.

    “I keep this hon’ble court in the highest esteem and respect. I can never ever think of bringing about a bad name to the hon’ble court or to any learned judge of the hon’able court. I would submit that I can never think of committing contempt of this hon’ble court.

    “I undertake to be careful in future and am ashamed for the publication of the story. I would humbly seek pardon in relation to the grievous lapse. “I pray to the hon’ble court that no further action may kindly be proceeded in relation to the matter. I would entreat that my unconditional apology may graciously be accepted.” REFERENCES: SC warns newsman, accepts apology Wednesday, June 13, 2007 http://thenews.com.pk/top_story_detail.asp?Id=8458 Reporter apologises to SC for ‘baseless report’ Wednesday, June 13, 2007 http://www.dailytimes.com.pk/default.asp?page=20076\13\story_13-6-2007_pg7_3

  • @ Farhad: Thanks

    @ Humza: He is the same one, he also has a problem with lack of role of PM in the new appointment system of judges when the current system has PM as a mere postman.

    @ Ahmed Iqbalabadi: My bad bro, I hope I do not get convicted for contempt.

  • Congratulations to Rmaday for winning this award. He is the most deserving person. I had mentioned this before 3 months here that he is deserve the award like this. once again congratulations to K#$% K@#$%^ Ramday. lol