A voluminous book ‘Bombay in the Making – 1661-1726’, authored by Phiroze B. M. Malabari and published 113 years back in 1910 by a London publisher, narrates the history of judicial corruption in this region.
By Nasir Aijaz
Installed close to St Paul’s Cathedral at a hilltop in the Old Bailey Street of London, the Figure of Justice, or Lady Justice, is conventional in being a powerfully built woman, almost an Amazon, fully draped, and carrying her symbols of Sword and Scales.
It’s said that as per Greek Mythology, the Statue of Justice is blindfolded that symbolizes the dispensation of justice without fear or favor and without discrimination of rich and poor, while scales, held in her hand is the message to maintain balance while listening to both the parties in litigation. The sword, held in her other hand is the symbol of authority for punishing the person proved guilty. The Lady Justice has a snake beneath her feet and it represents the corruption – and it means that the justice would not allow any kind of corruption and would crush the snake of corruption to ensure that justice is dispensed.
The justice in this region had been a commodity that could be sold and purchased
I cannot say whether the justice systems in European or other countries ensures dispensation of justice according to Greek Mythology, but the justice system, we inherit since the centuries in this part of world, had been working utterly in violation of the principles of justice envisioned in Greek Mythology. Edifice of Justice System in our country and other parts of subcontinent is erected on quagmire of corruption and dishonesty and is infamous for its cruelty and judicial killings. The justice in this region had been a commodity that could be sold and purchased.
Believe me that I have not passed these comments about the justice system in Hindustan on my own, but a voluminous book ‘Bombay in the Making – 1661-1726’, authored by Phiroze B. M. Malabari and published 113 years back in 1910 by a London publisher, narrates the history of judicial corruption in this region. The author was Deputy Registrar (Appellate Side) Bombay High Court. The book is mainly a history of the origin and growth of judicial institutions in the Western Presidency from 1661 to 1726. Introduction of the book is written by Sir George Sydenham Clarke, the then governor of Bombay.
While going through this book I found the references to the rule by Khilji, Tughlaq and Ghauri dynasties in Hindustan, having a faulty, corrupt and cruel justice system that had failed to provide cheap justice to the general public. The book says that justice during the Mughal rule in Hindustan was nothing but a commodity to be purchased from the market.
King Zaheeruddin Babar, who founded the Mughal Kingdom in Hindustan, was said to be the fond of beheading the people, but couldn’t rule the Hindustan longer than five years. He defeated Ibrahim Lodhi on April 21, 1526 at Panipat and died on January 5, 1531. During his brief rule, he couldn’t develop his own justice system and depended on the system introduced by Lodhi dynasty. Humayun, who succeeded his father Babar, too was unable to introduce any new justice system, as he spent all the time defending his rule and himself against the attacks by Sher Shah Suri. He used to take refuge in Sindh and other places for years. Reforms in justice system could be introduced only when Humayun’s son Akbar was crowned at the age of 13 in 1556. For time being, he continued the old justice system headed by Sheikh-ul-Saddar, which means the Chief Scholar, who was empowered to define or interpret the Shariat (Islamic Injunctions) and issuing the Fatwa or decrees as per Shariat. At a later stage when some liberal people like Abul Fazal joined Akbar’s Darbar, certain changes and reforms were brought about in the justice system of Hindustan.
“The officials of the justice system as well as the law, both could be sold and purchased. Corruption was the order of the day. Nobody could keep the check on corruption and wrongdoings of Qazis and Muftis”
As per new justice system introduced under the ‘Aien-e-Akbari’ (Constitution of Akbar), an official with title of Meer Mahaal (Meer, Chief, and Mahaal, a particular area) was appointed in every street or locality or village to resolve the disputes on the spot being the head of village or locality. Meer Mahaal was made subordinate to a Kotwal, a police official, and used to assist him in maintaining law and order. Moreover, Qazis (Judges) were also appointed by the king to dispense justice in civil and criminal cases while Muftis were empowered to execute the verdicts of Qazi and Faujidar and Sipahsalars were deployed for execution of any verdict. Any person, affected by the verdict, had the right to appeal to the king, and the king would listen to them summarily at the Darbar especially summoned on daily basis.
But, despite the reforms introduced by Akbar, massive corruption prevailed in his justice system. Phiroze B. M. Malabari, in his above mentioned book writes, “The officials of the justice system as well as the law, both could be sold and purchased. Corruption was the order of the day. Nobody could keep the check on corruption and wrongdoings of Qazis and Muftis.”
Malabari further writes, “Beheading the Hindus on the fake allegations of blasphemy was common, as the Sheikh-ul-Saddar was more powerful than the king in the matters related to the religion. In such a situation, when King Akbar felt handicapped, he, at one stage, had to remove all the Qazis and Muftis from their offices. Sheikh-ul-Saddar Abdul Nabi, who acted as Qazi-ul-Qazat or the Chief Justice, was so powerful that he didn’t obey the King’s orders, and sentenced a Hindu Brahman to death over the allegations of constructing a temple and uttering blasphemous words. In view of such a situation, King Akbar had issued orders to establish separate courts with Hindu judges for Hindus but his orders could not be implemented.”
After the Akbar, his son Jehangir was crowned on January 3, 1605 and ruled the Hindustan for 22 years till 1627, but being indifferent to justice system, the same system continued without any reform. The official history of King Jehangir claims that he hanged a bell at the gate of his palace so that the people would ring the bell and get the justice from the King but all these stories are nothing but a piece of ostentatiousness. “Only the rich and influential persons could get the justice during the Jehangir’s rule,” Malabari writes.
Shahjehan, who invaded his own father Jehangir, is known for construction Taj Mahal and other historic buildings, but the facts is that history of his entire rule from 1627 to 1658 is stained with human blood because he slaughtered every person who could pose threat to his rule, and even killed his relatives. But as it’s said ‘What Goes Around, Comes Around’, fight among his own sons broke out for power when he had fallen ill in September 1957. Aurangzeb, his own son, imprisoned in Agra Fort and enthroned himself on July 31, 1658. The ailing Shahjehan died during confinement in 1666.
‘Muslim Qazis played with the law and ‘dispensed’ justice to only those who bribed them more than others’
Aurangzeb emerged as extremist ruler, not for any love for religion, but for the sake of power, and having control over the general public by creating terror. His religious extremism and lust for power could be judged from the fact that he got his own brother Dara Shikoh sentenced to death through a court on the allegation of being infidel. Historian Phiroze Malabari writes that only the Shariat Courts were established during the rule of Aurangzeb.
Phiroze Malabari elaborates further. He refers to Captain Alexander Hamilton, who in his book ‘A New Account of the East Indies’ states that ‘Muslim Qazis played with the law and ‘dispensed’ justice to only those who bribed them more than others’.
“Here, the justice is sold for money” was the remark made by Captain Alexander Hamilton.
Phiroze Malabari says that there were several stories of corruption of the Muslim judges.
We cannot find a single sentence in praise of judicial system and the Qazis in the history of all the six Mughal Kings. Dr. Muhammad Muneer, Associate Professor and Scholar of International Islamic University, who was also the Head of Shariat Faculty, in his research paper, while referring to a book authored by Dr. Ashok Kumar Jain in 1966 and another book authored by Jadu Nath in 1972, writes:
“During the Muslim Kings, the Qazis were more powerful than the rulers and there was no transparency in dispensing the justice.”
Some historians write that during the Mughal rule, the Qazis used to keep twenty five percent of the fine amount imposed on any person ‘found guilty’. They would issue verdict in favor of those who would offer bribe more than the other party in litigation.
The Portuguese had established High Court and a Supreme Court in their area, but their judiciary was notorious for misdeeds
When the Mughal Kingdom in Hindustan weakened, the Portuguese stepped in. The influx of Portuguese started when the Vasco da Gama anchored at the Malabar Coast on May 20, 1498. After battling for a few years, the Portuguese gained strength to such extent that they conquered Mumbai and Goa and appointed their own Viceroy on March 25, 1505. The Portuguese era was also not good as regards to dispensing the justice. Phiroze Malabari quotes an example of Portuguese justice system in Mumbai according to which no action was taken against a murderer, who was son of a priest, and the magistrate had set him free.
The Portuguese had established High Court and a Supreme Court in their area, but their judiciary was notorious for misdeeds. Even the Portuguese citizens had sent several complaints to the King of Portugal in writing against the judges. In 1547, a Portuguese wrote to the King that the Supreme Court, established by the King himself, is unable to dispense justice. Another person, Jona D’ Castro complained to the King in these words, “The Supreme Court in India is extremely unnecessary, as it will prove harmful not only for this country but to your interests also. The people, appointed here from Portugal as the Justice, look like they had been starving there, who do not attach importance to any other thing except amassing the wealth through illegal means.”
The Portuguese officers used to shoot the innocent people dead and the courts never took it serious
At that time, there were a number of lawyers and the brokers, who were infamous of their greed for money and the people were cynical to them. The Portuguese judges often didn’t pay importance to the orders of their own King. The entire history of Portuguese rule in Hindustan is blood-stained, as the Portuguese officers used to shoot the innocent people dead and the courts never took it serious.
The receiving kickbacks in judicial matters continued even in the days of East India Company. The evidence in this regard were found from the archival record of the court established in Mumbai in 1726.
The British didn’t like the local courts, particularly those established by Muslims. Phiroze Malabari writes that it often happened that British officers rejected the verdicts of local courts and imposed their own decisions or sometimes they used to silence the Qazis by bribing them. Once, when the East India Company wanted fortification in Madras and Kolkata in the last part of seventeenth century, the local people raised objections. The people approached to the Nawab who sent Qazis for dispensing justice to the locals but the British officials silenced the Qazis by paying heavy bribes.
“Mehmood Begra was so cruel that at night he would spit on the face of the person whom he wanted to punish with death sentence, and would kill him before it dried up”
Although, the British were themselves corrupt, but they have openly authored books on corruption of Mughal era. Alexander Hamilton writes that when the British landed in Surat in early seventeenth century, the Mughal Kingdom was still strong but they had a very bad governance and the government officials exploited the general public by offering bribes to the Qazis. “Be it the King or the Princes, they kept the law always in their own pocket, and used to silence the Qazis through bribes,” he wrote.
The British had established their first trading factory in Surat. At that time, Mehmood Begra was the ruler of that region, who would always be seen chewing the betel nuts. “Mehmood Begra was so cruel that at night he would spit on the face of the person whom he wanted to punish with death sentence, and would kill him before it dried up,” Hamilton writes.
Phiroze Malabari has also quoted an incidence narrated by an English officer Anderson. He writes, “The Mughal Governor of Surat had called a group of some dancing girls to his palace but they refused to visit the palace because of low compensation they were paid during previous visit. Enraged by the refusal, the Mughal Governor got the dancing girls kidnapped and dragged them in front of British officers and traders and then beheaded all of them.”
These are just few glimpses of judicial corruption and killings having taken place during the period from 1661 to 1720, but these happenings did not end there. Judicial corruption and killings continued during later centuries, and even today, the justice is like a commodity, being sold and purchased. The Qazis and Qazi-ul-Qazat (Judges and Chief Justice) of today are selling the justice for their luxuries and greed of wealth. We can see this in our own country where the judges, from lower courts to apex courts, are ever ready to be sold for financial benefits, and are issuing verdicts in favor of rulers to legitimize their wrongdoings. They have surpassed the limits to the extent that they are issuing political statements.
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Nasir Aijaz is a Karachi-based senior journalist, and author of nine books on literature, language and history. He can be accessed at nasir.akhund1954@gmail.com