Hudaibiya Papers Case - By: Munir M Hasan, PhD

The recent decision of the honourable Supreme Court of Pakistan not allowing to open the Hudaibiya Papers case has been decided not on merit but on technical consideration on the excuse that the appeal was time–barred. Everybody is aware that previously the appeal was not filed in time by a man who was a crony of the previous corrupt former Prime Minister, and he did not file an appeal to save his masters. Hudaibiya Papers is a case of corruption and not allowing the appeal amounts to protecting corruption on technical grounds.

This decision of the Supreme Court is also contradictory to its own earlier decision when in July 2009 it overturned a hijacking conviction against the former Prime Minister who was convicted guilty of hijacking Army Chief’s plane in 1999, and allowed his Appeal. Thus, this appeal was entertained by the Supreme Court after the lapse of a decade.

Technical grounds are the man-made laws and not divine laws. These laws cannot over-rule the divine laws. In many verses of the holy Qur’an Allah has ordered to impart absolute justice on merit and not on the technical grounds. Some of the verses are:

[2:42] Do not confuse truth with falsehood, nor conceal the truth when you know.

[4:58] Allah commands you that . . . . . when you judge among the people, you judge with justice.

[4:135] O you believers! Stand out firmly for justice as witness for Allah even though it be against yourselves, or your parents or your relatives. Whether a man be rich or poor, Allah is his greater well-wisher than you. So, follow not the desire of your hearts lest you swerve from justice.

[5:8] O you believers! Stand out firmly for justice as witness for Allah in all fairness, and do not let the hatred of others deviate you from Justice. Be just: this is closest to piety. Fear Allah, surely Allah is fully aware of all your actions.

[6:152] When you say a thing, let it be just, even though the matter relates to a relative of yours;

So, this decision of the Supreme Court may be acceptable to the people under the man-made laws, but it will never be acceptable in the eyes of Allah. If this decision is not reversed then these judges will be answerable to Allah for patronizing the corrupt elites, on the Day of final Judgment where there will be no man-made laws, no bargaining, no friendship, no intercession, and absolutely no chance of escape.

Posted on Dec 17, 17 | 5:02 am