Page 22 - Pakistan Link - December 31, 2021
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P22  –  PAKISTAN LINK  –  DECEMBER 31, 2021                                                                                 COMMENTARY
                                                                    Book & Author


           Professor Dr Riaz Ahmad: Quaid-i-Azam Jinnah as Magistrate



            n By Dr Ahmed S. Khan                                                                                               document, but the book did not
                  Chicago, IL                                                                                                   explore the reasons Mr Jinnah em-
                                                                                                                                ployed for reaching his decisions.
              uaid-i-Azam   Muham-                                                                                              The book contains a foreword writ-

              mad  Ali  Jinnah  (Decem-                                                                                         ten by Justice Dr Nasim Hasan Shah
        Qber 25, 1876 - September                                                                                               of the Supreme Court of Pakistan.
        11, 1948) was not only a dynam-                                                                                         The book also contains three appen-

        ic leader, but also a world-class                                                                                       dices: the first contains Mr Jinnah’s


        statesman, a witty politician, a                                                                                        private confidential letter dated 5
        compassionate humanitarian, a                                                                                           June 1900 addressed to Mr Justice
        man of character and integrity,                                                                                         Badruddin Tyabee, Bombay High

        and a very astute lawyer. Many                                                                                          Court. The second appendix exhib-
        attributes of his leadership have                                                                                       its a news item from the  Bombay
        been acknowledged in books and                                                                                          Gazette  (16 July 1900) regarding a
        films during the past seven de-                                                                                         reception given in honor of Mr Jin-

        cades. But the one attribute that                                                                                       nah on his appointment as Presi-
        did not get much coverage is his                                                                                        dency Magistrate. And the third ap-
        role as a judge.                                                                                                        pendix presents Mr Jinnah’s written
            In May 1900, Mr Jinnah at age                                                                                       answers before the Royal Commis-
        24 was appointed as a Presidency                                                                                        sion on the Public Services in India.
        Magistrate in Bombay. Professor                                                                                             After he left the Magistracy, Mr


        Riaz Ahmed, through his research                                                                                        Jinnah went back to his law practice
        at Quaid-i-Azam University, has                                                                                         and became one of the most promi-
        put together a book titled Quaid-i-                                                                                     nent lawyers of British India, and as
        Azam Jinnah as Magistrate that pro-  without permit, impersonation, dis-  the time when Bombay was passing   by considering the boy’s wishes as to   they say, the rest is history. Mr Jin-
        vides insights into Mr Jinnah’s acu-  obedience, brokerage enticement   through the plague epidemic that   which company he wanted to join.  nah emerged as a dynamic leader
        men as a judge.               of a married woman, intimidation,   claimed numerous lives.     Mr Jinnah also believed in the   who transformed the aspirations of
            Dr Riaz Ahmad has served as   accidental negligence, charges of a   In some cases, Mr Jinnah’s   social reform of criminals, espe-  Muslims into concrete designs for

        a professor in the departments of   false nature, service matters, illegal   judgment reflected his concern for   cially if the offenders were women.   the creation of Pakistan. Explain-

        history, and Asian Civilization. He   possession of pearls, appointment   the dignity of individuals. Two men   An eight-year girl, Dwarkabai, was   ing the true genesis of Pakistan, Mr

        has more than thirty-five years of   of “approvers”, suicide, complaint   and women accused of disorderly   charged for stealing a sari valued at   Jinnah had said, “Pakistan is not the
        teaching and research experience in   against hairdresser, kidnapping,   conduct were locked up by police   Rs 1-4-0 (one rupee and four an-  product of the conduct and miscon-
        the domains of history and Pakistan   broaching cargo, lost property, etc.  and denied bail. The next day when   nas). The police told Mr Jinnah that   duct of Hindus. It had always been




        Studies. Dr Ahmad has also served   The author has used the Bom-  they were presented before Mr Jin-  the girl was a habitual offender. Mr   there, only they were not conscious
        as the director of National Institute   bay  Gazette as the primary source   nah, they were fined Rs 5 each.   Jinnah was convinced of the truth   of it. Hindus and Muslims, though

        of Historical and Cultural Research,   for details of all cases and has kept   However, Mr Jinnah observed with   of the charge, but he disagreed with   living in the same towns and villag-
        Center of Excellence, Quaid-i-Azam   the same titles used by the newspa-  regret that police should have bailed   the view of sending her to jail where   es, had never blended into one na-

        University, Islamabad.        pers. The author points out that in   them out as the offense involved was   she would live in the company of   tion, they were always two separate


            Dr Ahmad is a prolific writer;   the  early 1900s newspapers  used   bailable.        hardened criminals, and where she   entities…Pakistan not only means

        he has written extensively on the   the  spelling  “Mohamed Ali Jinnah’   The author mentions another   would not get an opportunity to   freedom and independence but the
        history and constitutional develop-  or “M.A. Jinnah,” but towards the   case in which a sailor assaulted a   improve her moral character. Mr   Muslim ideology which has to be
        ment of Pakistan. He has authored a   later part of his career his name was   policeman when the latter refused   Jinnah considered it necessary that   preserved, which has come to us as a
        plethora of books on various facets   spelled as “Mohammed Ali Jinnah.”  to salute him. When the accused   there  should  be  some  institution   precious gift and treasure and which

        of Quaid-i-Azam’s life and times,   The details of 73 cases pro-  appeared  in  court  and expressed   for reforming the young offenders.   we hope, others will share with us.”



        services  of Mohtarma Fatima  Jin-  vide  an  opportunity  for  readers   his profound regrets for his offense   Since no such institution existed,   Quaid-i-Azam as Magistrate is
        nah, and history of All India Muslim   to  observe  the  legal  acumen,  high   and promised not to do it again,   Mr Jinnah ordered her detention for   a fascinating read. It provides in-
        League. In his book All India Muslim   sense of integrity, responsibility and   Mr Jinnah remarked, “Everyone   one day which had already passed   sights into young Jinnah’s potential
        League and the Creation of Pakistan,  sound character displayed by young   will say that he is sorry after he had   and so the girl was released.  as a great leader. It is a must read for

        Professor Ahmad chronicles the his-  Jinnah, and also to travel back in   done a wrong thing.” In passing the   Mr Jinnah showed extreme   all who believe in the supremacy of
        tory of All-India Muslim League   time to explore various aspects of   judgment on the case Mr Jinnah   concern about public health and   the rule of law. [Dr Ahmed S. Khan

        and shows how under the dynamic   Bombay society. The author men-  observed that the practice of order-  hygiene. In  a  case  that  dealt  with   (dr.a.s.khan@ieee.org) is a Fulbright
        leadership of Quaid-i-Azam, the   tions that in Bombay criminal cases   ing police sephoys to salaam (sa-  storing and pressing raw hides by   Specialist Scholar (2017-2022). Pro-

        party brought Muslims on a single   increased from 13,880 in 1899 to   lute) members of the armed forces,   Ismail Hajji Essac, which affected   fessor Khan has over forty years of
        platform, and achieved its goal of   23,948 in 1900 in the whole of Bom-  and failing which to assault them,   public health, Mr Jinnah person-  experience in Higher Education as
        creating Pakistan in a short span of   bay Presidency.      should be stopped. Considering the   ally inspected the premises located   professor of Electrical Engineering.


        time. Dr Ahmad has presented pa-  The first case Mr Jinnah heard   statement of the accused, Mr Jinnah   in the thickly populated areas of the   He is author of many books includ-

        pers at national and international   and decided on May 2, 1900, was   fined him Rs 15.   city and considered the storing and   ing a series on Science, Technology &
        conferences and served as a visiting   of a thief who stole a purse belong-  In a case of kidnapping there   pressing  of  raw  hides  in  the  local-  Society (STS); his most recent book
        professor at Mohammad V Univer-  ing to a European lady. The thief   was disagreement between the Vic-  ity a risk to public health. The court   is  Nanotechnology:  Ethical  and  So-



        sity, Rabat, Morocco (1992-1993).   was awarded a punishment of six   toria Company and the Parsee The-  ordered the trade most injurious to   cial Implications)]


        In recognition of his scholarly work,   months’ rigorous punishment. The   ater company, each party claiming a   public health: the accused was fined

        he was awarded Tamgha-i-Imtiaz by   author points out an interesting fact   boy as theirs. This case received a lot   Rs 100 and ordered to discontinue   BOLAND FROM P6

        the Government of Pakistan.   that when Mr Jinnah left the ser-  of publicity in the press as the evi-  his business within twenty-four   to England. His brother Nick was

            Mr Jinnah served for only six   vice in November his own overcoat   dence involved was of a complicated   hours.    also in the squad of 13. The 1868

        months in this capacity, but his in-  worth Rs.90 was stolen by a thief   nature. Disregarding the unreliable   Professor Riaz Ahmed has   tour was the first time an Australian
        sight into justice for ordinary people   from his house at Eldon Road. It was   evidence Mr Jinnah decided the case   compiled this important historic   sports team represented the country
        has been preserved in 73 cases he                                                                                       overseas. He was a standout on tour,
        presided over as presiding Magis-                                                                                       with some commentators noting he
        trate over Esplanade Police Court                                                                                       was unplayable at times.
        between May and November 1900.                                                                                              In 2017, Boland’s family dis-
        The details of these cases were pub-                                                                                    covered  that  his  grandfather,  John

        lished in the Bombay Gazette. Profes-                                                                                   Edward,  was Aboriginal, from the
        sor Riaz Ahmed had collected all the                                                                                    Gulidjan tribe in the Colac area of

        information for 73 cases as a part of                                                                                   Victoria. After discovering this,
        his PhD thesis titled “Quaid-i-Azam                                                                                     Boland embraced his indigenous
        Mohammed Ali Jinnah: the Forma-                                                                                         heritage, playing in indigenous rep-
        tive Years 1892-1920” at Quaid-i-                                                                                       resentative teams and further edu-
        Azam University, Islamabad. These                                                                                       cating himself on indigenous tradi-

        73 cases covered a wide array of of-                                                                                    tions.
        fenses: theft, robbery, traveling with-                                                                                     (Dr  Aslam  Abdullah  is  a  resi-

        out tickets, absence without leave,                                                                                     dent scholar at Islamicity.org and
        army desertion, claims of convey-                                                                                       editor-in-chief of the Muslim Ob-
        ance, gambling, cheating, disorderly                                                                                    server newspaper. He is also the
        drinking, breach of  trust,  cheating                                                                                   Indian Islamic Heritage Project di-
        and misrepresentation, assault, stab-                                                                                   rector of  the American  Federation
        bing, creating a nuisance, resisting                                                                                    of Muslims of Indian origin and
        policemen on duty, importing for-                                                                                       the interim President of the World
        bidden alcohol, endangering public                                                                                      Council  of  Muslims  for  Interfaith
        health, extortion, importing  Ganja                                                                                     Relations, WCMIR.)
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