Tribute
Justice
Kayani
A
Man of Courage
M.
Azizul Jalil
It
was February 1959. We, the CSP probationers were in the Residency
Building on the Upper Mall in Lahore; the Civil Service Academy
was located in that large colonial-era building. General Ayub
Khan had taken over power the year before in October and soon
declared himself a Field Marshal. On arrival in Lahore in
late 1958, as a condition of joining the service, we had to
swear allegiance in writing to the new government. The general
atmosphere was one of fear and uncertainty as the army was
strictly enforcing martial law. All political activities were
suspended.
The
CSP Association of West Pakistan, of which Justice Kayani
(then Chief Justice of the Punjab High Court) was the president,
had invited the president of Pakistan to a dinner. On the
appointed evening, accompanied by Akhtar Hossain CSP (Governor
of West Pakistan), the president arrived at the Residency.
Dressed in either either black sherwanis or dinner jackets
we had lined up in the large upper floor living room to welcome
the president. Ayub Khan met the young officers, warmly shook
hands wtih them and said a few words to each one of us. I
had unfortunately missed to button up one of my sherwani's
(then the national dress) numerous buttons. To my surprise
and embarrassment I soon found out that it had not escaped
the attention of the Field Marshal; after saying something
nice, he softly pointed out the omission to me. We all then
moved to the dining table, which was large enough to sit the
chief guest and his immediate entourage and the CSP members
(about forty men in all) present in Lahore on that day.
Gauhar,
(the president's eldest son who was then a captain in the
army) and his father's ADC had also come. He was sitting next
to me. When I tried to make conversation with him, he amusingly
mentioned that he was Gauhar Ayub and happened to have the
same name as the president (as if I was supposed to know who
he really was!). Justice Kayani gave the address of welcome.
He began by contrasting the civil and military style of responding
to invitations. He smilingly said that when he invited the
civilian governor, the latter's secretary replied by thanking
him for the invitation and informing that the governor would
be very pleased to attend the dinner. However, when he received
the response from the Military Secretary (ms) to the president,
it stated that the president had commanded him to acknowledge
the invitation and to inform that the president had kindly
agreed to accept it.
Kayani
spoke for about ten minutes reading from a ruled exercise
book. It was memorable and one of his finest speeches. All
his criticism of the martial law was expressed through subtle
and satirical comments. The speech had a profound effect on
those present; its content soon leaked out and reached a wide
and receptive audience in the country. Indeed, it inspired
subsequent anti-martial law movements. "good of the country".
Even
today, I recall him saying, "Field Marshal, when you
imposed martial law first there was silence, then we started
to hear whispers and sir, when many people whisper it can
turn into a whispering campaign." He said that in imposing
martial law, the Pakistan Army had really conquered its own
country. Ayub was red in the face when he got up to reply.
Holding Kayani's exercise book, Ayub joked that it was his
hope that Kayani would put as much effort in writing his judgments
as he had put in writing the speech. Then he gave a long list
of the reforms he had introduced or planned for the "good
of the country".
Kayani
thus became one of the earliest and sharpest critics of martial
law and of the autocratic government in Pakistan. Since he
was in government service, it took great courage to be so
outspoken in his criticism of the military government. He
continued in the same spirit of defiance both during his remaining
period in the country's judiciary (about three years) and
after his retirement until death in late 1962. Kayani became
a voice of reason, individual rights, justice and democracy,
providing a strong intellectual basis for opposition to autocratic
rule and military government. No wonder, he never made it
to the Supreme Court!
We
met Kayani again at the annual CSP Association picnic. In
the spring of 1959, the picnic was in the large lush green
grounds of the Residency. At one point the games started.
One was a tug-of-war match between the young probationers
and the rest (i.e. the seniors). Kayani, as I mentioned was
the Chief Justice; he also acted as the judge for the competition.
Naturally, I was on one side pulling a huge, thick rope along
with my colleagues. While doing so my heels were not always
firmly and flatly on the ground. Frankly, I did not even know
all the rules but Kayani knew; he came to me to warn that
next time he would have to disqualify me. The match was quite
a serious matter! Eventually our side lost.
I
should mention here that in late 1962 when for a few months
I was the acting-Deputy Commissioner of Chittagong, I received
a call from Hafizur Rahman Malik, C.S.P. who was then the
General Secretary of the East Pakistan C.S.P. Association.
He requested me to meet with Justice Kayani (who was visiting
Chittagong) and invite him on behalf of the Association to
a dinner in Dhaka. I arranged to meet Jusice Kayani next morning
at 10 am at the house of L.A. Siddiky (president of the local
bar association) whose house- guest he was. As I entered the
house, I noticed a strange silence all around. Siddiky told
me that Kayani had not woken from sleep. The servants had
found him dead in bed in the morning apparently from a massive
heart attack. I was shocked. Alas, my mission would remain
unaccomplished! From that moment till the evening when we
went to put his coffin in the PIA plane to Dhaka to Karachi,
I was constantly there making innumerable calls to senior
people in Dhaka, Lahore and Rawalpindi and making all the
arrangements to send the coffin to West Pakistan.
I
called the Military Secretaries of the Nawab of Kalabagh (Governor
of West Pakistan) in Lahore and the President of Pakistan
at Rawalpindi several times to request that arrangements be
made for the body to be flown to Kohat, his home town in the
North-West Frontier Province of West Pakistan for burial (that
was the family's wish). Despite Kayani's relentless and biting
criticism of the Ayub administration, they fully cooperated
and asked me to prepare the body and send it to Karachi from
where they would take over and fly the coffin in an air force
plane to Kohat. In view of the heat and long gap between death
and the burial time, I requested arrangements for refrigeration
of the body from Karachi to Kohat. They also helped by instructing
the PIA staff in Chittagong to fully cooperate with me in
the matter. I recall that a couple of my senior well -wishers
in Dhaka cautioned me on the phone not to do so much because
Kayani was not popular with the Ayub government. They believed
that such enthusiasm for him even in death could adversely
affect my service career. Nothing of the kind ever happened!
With
the help of the Civil Surgeon of Chittagong and technicians,
the body was embalmed. It was covered with tea leaves in a
coffin made of tea chest delivered courtesy of Abul Kashem
Khan. We held a janaza after which, with police motor
cycle escorts and full honour, we drove in a large procession
in the afternoon to the Patenga airport. At my request, the
plane was kept waiting for us to handover the coffin. Since
the halt in Dhaka was to be brief, the C.S.P. Association
members decided to pay their respects to Kayani at the Tejgaon
airport.
It
was an honour for me to have had this unique opportunity of
providing some service to the memory and remains of a man
I considered truly great and courageous. After Kayani's death,
his speeches were published in book form. Despite past differences,
President Ayub Khan was gracious enough to write the foreword
to this book.
The
writer, a former civil servant and a retired member of the
World Bank Staff, writes from Washington.
Copyright
(R) thedailystar.net 2004
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