Showing posts with label Gopal Das. Show all posts
Showing posts with label Gopal Das. Show all posts

Saturday, 14 February 2015

Faiz Ahmed Faiz


13/2/2015
Today, 13th February  is the birth anniversary of the great Urdu poet Faiz Ahmed Faiz, whom I regard as the greatest Urdu poet of the 20th century ( though I have also great regard for other Urdu poets like Firaq Gorakhpuri ).

 In 1981, when I was a lawyer in Allahabad High Court, Faiz Saheb came to Allahabad, my home town.

 A function was organized in his honour in the Allahabad University lawns. The University lawns are massive, and so was the crowd that evening. There were many poets on the dias that day, Firaq Gorakhpuri, Mahadevi Verma, etc.and of course, Faiz Saheb. It was like a galaxy of poetic stars on the firmament. Firaq Saheb  was so old that though mentally alert, he could not walk, and so he had to be carried by some University boys onto the dias.

 Since I am very fond of Urdu poetry, and since I am particularly fond of the poetry of Faiz, I went to the function. I took along with me my son Vikram, who was then only 6 years old, knowing that he would not be able to understand anything, but yet in later life he could tell his friends that he had seen Faiz and Firaq.

  The function began with the convenor reciting a sher of Firaq :
" Aane waali nuslein tumse rashk kareingi hum aasron
  Jab woh jaanengi ki tumne Firaq ko dekha hai "

 He then said that he would like to slightly alter the sher and make it :
" Aane waali nuslein tumse rashk kareingi hum aasron
  Jab woh jaanengi tumne Faiz, Firaq aur Mahadevi ko dekha hai " :

 Thereafter  a well known nazm by Faiz, ' Gulon mein rang bhare baad-e-naubahaar chale '. was sung by some Allahabad University girls.

 I have heard that song sung innumerable times, but I have never heard it sung as beautifully as it was sung that memorable evening 34 years ago by the Allahabad University girls.

 The poets on the dias then recited some of their poems. The last to be called upon, and the one we were really waiting for, was Faiz Saheb himself.

 There was massive cheering when Faiz Saheb rose to speak. Here was the man who had stood by his principles all his life, who was even jailed for several years in Pakistan by the martial law regime, falsely implicated in the Rawalpindi Conspiracy case, who had written " Bol ki lab azad hain tere, bol zubaan ab tak teri hai ". He was a hero in our eyes.

 Faiz Saheb first said that he was proud to be in Allahabad, the city of Rishi Bharadwaj, where Lord Rama had come during his exile from Ayodhya, and of other Rishis and Munis. He then related to us about his association with the Progressive Writers Association in the 1930s and the work he had done. He ended by reciting to us some of his kalaam.

 The recollection of that memorable evening is indelibly etched into my memory.

 As I mentioned before, Faiz Saheb is my favourite Urdu poet of the 20th century ( though I regard Mirza Ghalib the greatest Urdu poet of all times ). So I I quoted him in some judgments of mine in the Supreme Court, beginning the judgment with his sher ( couplet ).

 When I decided to issue an appeal through my judgment to the Pakistan Government to release an Indian citizen, Gopal Das, who was undergoing a life sentence in Pakistan for espionage, and had been in Pakistani jails for 27 years I began with a couplet of Faiz :  
" Qafas udas hai yaaron, saba se kuch to kaho
Kaheen to beher-e-khuda aaj zikr-e-yaar chale "

The sher had such a powerful impact on the Pakistani authorities that they announced that the Pakistan Government would honour the appeal made by the Indian Supreme Court. Gopal Das was released a few days thereafter and he came back to India and has got married.

 This was unprecedented. Never perhaps in world judicial history was such an appeal made by any Court, and never was it so honoured.Such is the power of Urdu poetry.

 In another judgment in the Supreme Court I again began by quoting a sher by Faiz :
" Bane hain ahal-e-hawas muddai bhi munsif bhi
  Kise vakeel karein kisse munsifi chaahen ? "
i.e.
" When selfish people are both petitioners and judges
Whom should I make my lawyer ? From whom should I seek justice ? "

I was informed by a lawyer friend who went to Pakistan soon after I gave the judgment quoting the above sher that printouts of my judgment were being distributed like hot cakes in Lahore, Karachi, etc. I was told by another friend that when one of my judgments was cited in a High Court in Pakistan, the Judge asked the lawyer " Is he the same Judge who quotes Faiz ? "

 And let me end this post by mentioning a mischief I did over 40 years ago, but which I have not revealed to anyone till now.

 This incident happened in the year 1972 or 1973. I was then a very junior lawyer in Allahabad High Court. When I have so much fire in me even now at the age of 69, you can imagine the fire in me at the age of 26 or so.

 It so happened that a very 'dismissing  judge ' ( if I may use the term ) came to the Allahabad High Court, having been elevated from the subordinate judiciary. He would dismiss almost all petitions and appeals. Some lawyers came to me and said " Katju Saheb, bachaiye, yeh to hamein barbaad kar dega  " ( Katju Saheb, save us , this Judge will ruin us " ). I told them not to worry.

 That evening I wrote a leaflet with the heading " High Court ya kasai ghar ? ' ( i.e. ' High Court or Slaughterhouse ?' ). . Below that I quoted the sher of Faiz mentioned above ( Bane hai ahal-e-hawas muddai bhi munsif bhi ---). I then wrote that ever since this Judge has come he has been dismissing almost all cases, making the High Court like a slaughterhouse, etc, etc.

  This leaflet was secretly printed in some press, and the next morning long before the Court could assemble was distributed widely in the High Court premises. In each of the Courtrooms a copy was placed on the Judges' desk, and in the front row where mostly the senior lawyers would sit. When the Judges came into their Courtrooms they saw the leaflet, read it, and there was an uproar. Many Judges retired to their chambers saying " Yeh kya badtameezi hai ? " ( " What is this impertinence ? )
 However, the leaflet had its effect, and the judge became a bit more liberal after that.

The credit again must go to Faiz !

Monday, 9 June 2014

The Power Of Urdu Poetry

The power of Urdu poetry was strikingly illustrated in a matter in which I had a hand, This was the case of Gopal Das, decided by a bench of the Supreme Court consisting of myself and Justice Gyansudha Mishra on 14.3.2011 ( see Gopal Das thru Anand Vir vs. Union of India).

Gopal Das was an Indian government employee who was arrested in July 1984 by the Pakistan Border Security Force when he crossed the Indian border and entered Pakistan. He was accused of being a spy and tried under the Pakistan Official Secrets Act, by a Pakistan Field General Court Martial by Pakistan army authorities, and awarded life sentence on 27.12.1986, which sentence was confirmed by a Brigadier. When the writ petition , filed by his brother, Anand Vir, came up before our bench in the Supreme Court he had spent almost 27 years in various Pakistani jails.

In the petition it was alleged that the Indian Government was not doing enough to secure Gopal Das' release. The Indian Government denied this allegation, and mentioned the various steps it had taken in this connection, but to no avail.We pointed out to the petitioner's counsel that we had no jurisdiction over Pakistan authorities. Gopal Das was imprisoned in a Pakistani, not Indian, jail. Therefore we could not issue any direction to the Pakistan authorities.

We would have dismissed the writ petition, but then a thought occurred to me. While we could not issue a direction to the Pakistan authorities, there was no bar in issuing an appeal to them. This appeal, however, had to be couched in a very polite and persuasive manner, for the Pakistan authorities were not bound to accept it.

I have always been a lover of Urdu poetry, and so I began the judgment with a sher (couplet) from the well known poem, 'Gulon mein rang bhare baad-e-naubahaar chale' by the great Urdu poet Faiz Ahmed Faiz, whose birth centenary was being celebrated all over the world in 2011 (when we heard the case).

I have always been a fan of Faiz Saheb. In 1981 Faiz Saheb had visited Allahabad, when I was a lawyer in the Allahabad High Court. A function was organized in his honour in the Allahabad University lawns. There was a massive crowd, and a galaxy of poets, including Firaq Gorakhpuri, Mahadevi Verma, etc. I took my son Vikram, who was only 6 years old then, to the function. I knew Vikram would not understand anything as he was too young, but in later life he could say that he had actually seen Faiz Saheb and Firaq Saheb. In that function the Allahabad University girls sang 'Gulon mein rang bhare baad-e-naubahaar chale'. I have heard that song often, but I have never heard it sung in such a beautiful manner as it was sung that memorable evening by the Allahabad University girls.

Coming back to Gopal Das' case, I knew I had to make a very persuasive yet powerful appeal in the appeal to the Pakistan President and Prime Minister.

So I began the judgment by quoting the second sher in that poem :

" Qafas udaas hai yaaron saba se kuch to kaho
kaheen to beher-e-khuda aaj zikr-e-yaar chale".

I also quoted Portia's famous speech on mercy in Shakespeare's 'Merchant of Venice' I then issued an appeal to the Pakistan President and Prime Minister for release of Gopal Das. I directed the Solicitor General of India, who was appearing for the Union of India to forthwith send a copy to the Pakistan High Commissioner in Delhi, Mr. Shahid Malik. Mr. Malik is himself a great lover of Urdu poetry, and I had met him often in mushairas in Delhi. He was requested to send the judgment to the Pakistan authorities,which he did through his diplomatic pouch immediately.

That was all we could do in the matter, and then I forgot about the case.

It was a very pleasant surprise when I read in the newspapers a few days thereafter that the Pakistan Government had declared that they would honour the appeal of the Indian Supreme Court, and release Gopal Das, which they did soon thereafter.

This was absolutely unprecedented. Never before had our Supreme Court (or perhaps any other Supreme Court in the world) issued such an appeal, and never before had such an appeal been so honoured !


My own guess is that the Urdu couplet of Faiz had such a powerful impact on the Pakistan President and Prime Minister that it resulted in the decision to release Gopal Das. The couplet is very tender and heart rendering, and perhaps Faiz Saheb was describing his own emotions when he was in jail in connection with the Rawalpindi Conspiracy Case, in which he was accused. I think it was that sher which released Gopal Das.