Justice Ahmedi

Misbah interviewed Justice Ahmedi, the Former Chief Justice of India, who has held numerous prestigious positions in the course of his colorful career. After being appointed Judge of the City Civil and Sessions Court in 1964, he climbed up the judicial ladder to become Judge of the High Court of Gujarat in 1976 and then Judge of the Supreme Court in 1988 until he was finally appointed to the coveted post of the Chief Justice of India in 1994. He has recently been appointed Chancellor of Aligarh University. In addition, the U.N. has appointed him member of the inquiry committee for Human Rights Violation in East Timor

 What was your reaction when you were appointed Chief Justice of India? How did you feel?

Naturally I was elated, more so because I was the first from a tiny community. I could make it because I had the prayers of the well-wishers and the dua of Aqa Maula (TUS), whose blessings I have enjoyed throughout my life. I embarked on my task in all humility and it is for others to judge my performance on and off the bench.

Which was your most challenging court case?

The work on the Supreme Court Bench is an ongoing challenge for the one who is heading the institution, from the judicial as well as the administrative side. India is a vast country with a huge population and there is always some issue that falls in the lap of the Court. Even politically sensitive matters find their way to Court. There is not a day when you do not see the Supreme Court in the media. With other democratic instrumentalities diluted due to political interference, more and more people resort to court proceedings. That is not to say that the court, as a democratic institution, has not undergone dilution; it is bound to with the increase in the volume of work, but still people have confidence in the higher courts, particularly the Supreme Court. Once the pendency in the Supreme Court was reduced and cases came up for hearing early, more and more litigants approached the Supreme Court. My endeavour was to make the Supreme Court a people-friendly court and not a court meant only for the elite and the rich. It is therefore seen to be taking up causes which affect the masses.

You have given counsel to dawat in several legal matters, although you may not have held a brief. Give an account.

I am afraid this is a privileged communication.

Islamic jurisprudence, as we all know, is based on adal i.e. justice. Have you ever been obliged to consider this in your career?

The courts in India are governed by statute law and the constitution; however in the area of personal law, sometimes Islamic personal law needs to be applied. Normally the law is sound common sense and calls for robust judgment but if the issue does not relate to a codified law, then principles of fairness, morality and public welfare and good conscience come into play.