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Misbah interviewed Alefiya ben Patherya. She holds the privileged post of Judge of the High Court of Calcutta and firmly believes when one has faith in Allah and his Dai then anything is possible.
Describe your journey to the post you hold today.
I started my career on 6th June 1983. I believe in destiny and I think I was destined to become a lawyer. After my B.A, I was at a loss as to what to do; I was not interested in an M.A. so I took up law.
After getting my law degree and practicing for 17 years I was elevated to the post of Judge of the Calcutta High Court in 2006.
What motivated you to accept the post of Judge?
When I was offered judgeship I had to decide whether I wanted the money that I was earning and would earn in days to come or give it all up to do justice and be a clean judge.
I am an idealist and realized that money, if it has to come, will come irrespective of what you do. Once I had taken the decision I asked Syedna (TUS) for raza and when this came positively, I realized this was my destiny. Allah wanted me to do good for the people of the country and I wanted recognition for my community too.
This is how I have reached where I have, after a lot of hard work, toil, sorrow and joy. In spite of everything I have loved every moment of my work.
Describe a typical day as a High Court Judge.
I set out for court at 10 am; court starts at 10.30 am and continues till 1.15 pm. The second session begins at 2 and continues till 4.15 pm.
During court hours, I listen to cases and after court hours I have to sign orders and deliver judgments. I also research the cases that are cited. This helps me to keep abreast of the changing laws and verdicts of the supreme court and other high courts, in various matters.
In all of this activity, I take out some time for a daily walk which keeps me going.
What do you feel are the qualities necessary to be a lawyer and a judge?
A lawyer has to be alert and independent; reading is a must. For a lawyer the mood of the judge plays a significant role so he must be subtle and know when not to antagonize the judge. Alternatively with tact a lawyer must also be aggressive and persuasive as it is his job to get the best verdict for
his client.
A judge must be a good listener and have lots of patience and compassion. Faces should not matter to the judge while upholding the law. The power which a judge holds should never go to his head; it is a duty he is discharging. He should remember that his judgment can be upset by a higher court and more importantly there is a God who is above all.
You must have keenly followed the Saifee Hospital case. Your sentiments on the fat-he mubeen and seeing Saifee Hospital standing proud today?
I had read about the Saifee Hospital case and its outcome. I knew right will always win over wrong and so it was to be.Last December when I was in Mumbai we cruised past a wonderful structure. I enquired of the driver what it was and he replied it was the Saifee Hospital. What impressed me about the hospital whose interiors I have never seen was its Islamic façade and golden domes. A look at this structure made me very proud of my heritage and the good work of Syedna (TUS) in my community.
You recently came to the hazrat of Aqa Moula (TUS) in Mumbai. Please share this experience with us.
After I was elevated to the position of Judge, I wanted to go and perform ziyarat of Syedna Taher Saifuddin Saheb (RA) and do qadambosi of Aqa Moula (TUS). I was fortunate enough to get the opportunity at Saifee Mahal.
Syedna (TUS) spoke to me for about 5-7 minutes. It was blissful. He asked me when I took the oath and noted that I was the only woman judge from the community. Syedna even asked about my father, who he remembered as a cricketer. It was then I realized that Maula (TUS) knows it all. He also asked me whether I had gone to Raudat Tahera for ziyarat. I was bestowed with a lot of gifts which I have kept as valued treasures. My association with Syedna Taher Saifuddin (RA) is of a long time; since I was 7 years old. For everything that we do we take his wasila and he comes to our aid. At the end of the day, everything works well when one has faith in Allah and his Dai.
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