Birthday.........AND THIS TOO SHALL PASSSSSSSSSSSSSSSSSSSSSSs

26th April 2006, it was my 23rd Birthday. I feel no change except the fact that the resilience rush has declined and ebbs of all sorts mark my face. Nevertheless the way i was greeted by my family and friends at 12 last night was awesome. A special cake from loving sister and these days its her 'income' is what i rely on, when Dad's riches refuse to drain into my pocket. LONG LIVE MADIHA.
As far friends, Ahsan, Ahsan, Hassan, Nosherwan, Usman and Ehsaan came at 12 with a 'qula' (a long desi hat) and then smeared cake on my face. Later, we were off to have Icecream. Then came the real part. They paid Eunuch for a dance and 'kiss' to a birthday boy. Although she allured them sheepishly but we were few good men . After Icecream at around 1am we sat on the Jail Road near a Dhaba ( a real small untidy khoka) to have tea. Then we gave lari adda (Transport hub) and Shahi Qila (Lahore Fort) a GOOD LOOK. Real good look and finally by 230am we were at DATA SAHAB (Holiest Shrine) to pay him homage and for mystic upheaval. I came home at 3am and my mother then gave me a good harsh physical torture. That was one gift i received after so long.


Thanks to everyone who wished me on my day. I am so happy to have them as my very own. Greetings came from USA, England, Holland, HongKong, Mumbai, Delhi, Karachi, Faisalabad, Sargodha, Rawalpindi and obviously from every quarter of Lahore. I expected from number of other sources but to 'forget is a human', i guess! I GUESS ONLY...........

Anyways another year is over and this too SHALL PASS......................................

All templates were absurd and I was out for a change. So just thought of this 's---light' dark image and obviously no criticism about this will be TOLERATED.

"The best thing a person can do in crises is to MAINTAIN HIS SENSE OF HUMOUR."
(THE KING KHAN......no one but SHAHRUKH)

The Country i dream of!!

Here an article, although in Urdu depicts Pakistan free of violence, sectarianism and suicide bombs, in the past. I guess i really yearn those days i have never seen myself.

Only now i have realized that
"WHEN I KILL TIME, ITS ACTUALLY THE OPPOSITE."

WHY the hell they dont accept my points without someone Dead in history affirming them? Ironically, they call it a RESEARCH. I wrote, if not prolifically then REASONABLY, but no dead would be my WITNESS.

At the other front, blast in Karachi has also wounded my heart with at least 55 deaths and hundred injured. Its an uneasy stress mounting in my chest. I gasp for breathe but ultimately inhales mourn, laments, cries, qualms of this society and my further recklessness. I am a recidivist and criminally a QUIXOTIC. The gap between my theoretical and practical world stretches up and rounds of 'ignorant nauseas' dawn on me, each second. My delays are ready to terminate me.

Guns and Roses

Q. Why the sharks dont bite lawyers?

A. Certainly, because of PROFESSIONAL COURTESY.

The lawyers are notoriously known worldwide and i have no problems with it. The MEN IN BLACK put their curse on society, make others moan and mourn. Morality knows no lawyer and these freelancers will still threaten the world by the mere sight of their uniform. A lawyer friend joked that if all the lawyers in the country will unite on the Mall they will overthrough every regime, whether militiary or political. To attain LLB degree is the easiest job in the country and even "Munna" bhai's will have no problem in taking the exams. I hope the producers will find it more convinient and invest worthy to make a film, none other than MUNNA BHAI LLB. Interestingly, the movie was made in Pakistan which was a flop, not because of its script, actors or direction but because of 'no' lawyers in it.

Even at the literary front Akbar-Abadi famously said about lawyers:

"Paida hua wakil to Iblees nay kaha,
Allah nay mujhay sahibj-i-olaad kar diya"

(When a lawyer was born, then Satan (Iblees) said that God has finally bestowed a child to me....)


Despite the fact that it is the most loathed profession on this planet and no wonder so many people deterred me to enter the legal field, I SO STRONGLY believe that THE BEST and THE WORSE of any SOCIETY are LAWYERS. No one but the LAWYERS. They truly believe that there is no room in this world for MEDIOCRES. I like this profession for millions of reason and one basic reason is enough that God HimSelf has declared that one of HIS cherished Name is WAKIL (A LAWYER).

Faiz Ahmad Faiz said:

"Jis dhaj say koi maktal say nikla wo shaan salaamat rehtee hai,
Ye jaan to anee janee hai, is jaan kee koi baat nahin."

(The way a person comes out of the battlefield, arena, that glory remains for all times.
As far the life, this life comes and goes, no worries about it.)

Lawyers at their best follows this dictum and no other profession.
SALUTE TO ALL THOSE WHO STRIVES TO UPHOLD THE LAW.

Indecisiveness

Like always the first step is so difficult, As soon as the moment arrives, somehow the struggle to pull myself up becomes difficult. Not so strangely, it has happened now for so many times. The problem is that despite the fact that this is indeed the right way. All troubles will ultimately be solved once this step shall be taken. I feel like going for a bungee jump, to stand on this precipice with defeat at your back which will soon overwhelm you but the trouble is to muster up the courage and dare to embrace the freefall. If the death is inevitable then does it really matter how it comes? It shall dawn.....
Knowledge without application is worse than utter ignorance. All the options are exhausted and this is the twilight of all the entertainment. Now for the real world, real action is required. Unfortunately for me not religion, not any other dogma, no relation and no power could influence so strongly that finally I could be stirred. The romance and compulsions are not natural and by the end of this day I doubt once again if I would be in the same shape or worse as if I am now?Let’s see. Tomorrow is so close, yet too far. The verge of decision making and the incessant desires of short term comfort lure me away in its deep arms. Those arms are of ignorance but admittedly provide a balm.
A poor human tendency to ignore the long run and the perfect example comes from my end.I hope this day would be better than yesterday and still a benchmark of my flight for a better tomorrow.

The actual JOB

It is the precise time to get back to studies. Here by ' studies' i mean following:

1) Civil Procedure Code 1908
2) Criminal Procedure Code 1898
3) Law of Evidence, Qanun-e-Shahadat Ordinance 1984
4) Constitutional Law III
5) Minor Acts
6) Conveyancing and Pleading
7) Income Tax and Labour Laws

For the past three years my version of studies was everything but academics. The reading habit i am so proud of now needs a right direction. Hope things go right, unfortunately the SAARC Moot competition in Karachi next month also seems to be a painful impediment.

And more PICTURES....................

Hassan makes a wild move with a BIG SMILE.



Dinner which we will savour for so long. Aditi Mam really won our HEARTS




Welcome at Delhi Railway Station.




The car that WALKS and runs sometime. Of course I was languishly stuck inside.





And dance we did.......... At Jaipur food festival


Wisdom tree carries my utter ignorance, the rest are its children.


We really dont get along so well...........................I mean sort of!!!!!!!!




They danced and we did our tangos and foxtrots as well................



Hassan kills Attari boredom........


My first BINDIA and Vandana

Picturesque

At IP University with the Principal/Vice Chancellor




On the footsteps of MadhoBala, Sheesh Mahal at Amer Palace where she danced...(Jo waada kiya wo nebhana paray ga)




Jaipur elephants remind SUZI (The nationwide famous elephant at Lahore Zoo)



Sabah knows no Delhi Roads and we are still at Valedictory Dinner




Not very clear VALEDICTORY NIGHT image




They truly call our Bha!!!! MANGAL PANDAY..............




No romance for TAJ MAHAL





I am tired and all bags but a JUNIOR laughs...........





Well posed before leaving Delhi...........




At University of Delhi, the whole delegation with Pandit ji's Monument




Farewell, I am haggard & victorious friends




A view from Amer Palace, JAIPUR



ISHA is around and on my left unfortunately i cant recall him. Regrets friend!!



SOMEWHERE in India...........but together (a rare scene)

When everyone looks WEST, it is the best time to explore EAST.

The backdoor diplomacy is over and with loads of arrears to encounter back at home, it is not a good time to reminisce the golden days of life. India was partially new, TajMahal only a White House but somehow the new bonds formed over there have a strong aura which makes the body fidget and incessant desire to meet them again pops up. Unfortunately THIS TOO SHALL PASS but for the moment it is certain that MY PASSAGE TO INDIA made me stay with my new friends FOREVER. Almost Forever..................

JUST NOW I HAVE HEARD THAT THE 18th LOVE (true love) OF MY LIFE IS GETTING MARRIED SOON. I GUESS I WILL DIE YOUNG. SHE WEDS THE UNWEDDABLE AND I CONTINUE TO LAMENT CHACHA GHALIB'S POETRY WHO SHARES THE SAME LEGACY.

Missing thing........

I am BACK. The details will follow soon with pictures. Just before leaving for Pakistan i guess i have left my PALPITATING organ in Delhi. Surely so many new friends will take good care of it.
For the moment. THANKS TO ALL. It may be impossible to pay back the amount of bestowed hospitality. I love my new friends and i hope our mutual respect and understanding will grow us tall.
Thankyou so much for what all of you did?
We miss you and want all of you here in Lahore. Soon, Very soon and its an ORDER.

JURISDICTION FRUSTRATION

The Latin term “Juris-dictio” or ‘law saying’ will later become the fundamental term of every legal system and for the bulk of laws developed by all nations. Ordinarily it will reflect in it the space and a stretch between which a certain law would operate. In the procedural laws the jurisdiction issues will arise frequently and even the most wary legislatures will coy from defining absolutely the ‘jurisdiction’ because of the magnanimity of the term. It is however clear that in territorial area of laws, a general jurisdiction will clearly define its boundaries and parameters. The present paper will attempt to deal with ‘Jurisdiction’ as unfolded in the Code of Civil Procedure 1908.
Since the Civil Procedural laws are to transform so many substantive laws in operation which may fall in its domain, the language of the code is must to be constructed to allow a playing surface for all of them. In at least one perspective every provision of Civil Procedure contains expressly or impliedly, directly or indirectly, and actively or passively its relation with Jurisdiction. It is only possible to identify certain provisions which flavors it well and contains therein the profound and stark features of jurisdiction.


Code of Civil Procedure 1908 talks JURISDICTION

In determining the parameters of ‘Jurisdiction’ in Code of Civil Procedure Section 9 holds a crown position. The section in fact contains heaps of valuable legal perspectives. It allows the Courts to embrace every kind of civil suit except for which the code itself or other concerned laws bar it. This section generates and provide strong strength to the courts, only through the channels which other body of laws allow to flood it. The only check on jurisdiction expressly stated is to the other sister provisions of the same code, the later part of section in its attempt to define jurisdiction announces the other laws and their maybe compatibility with it. In each case this section open heartedly allows other laws to succumb to it. Its legislative explanation further elaborates the scope of jurisdiction of courts to try the civil suits. Since the section is based on the age old principle of ‘Ubi jus ibi remediem (wherever there is a right, there is a remedy) the moment a civil right is to be asserted the jurisdiction of all courts capable of trying it will be invoked. It is however to be kept in mind that if the ‘jurisdiction’ talks about its stretch-ness it never fails to submit to the limits.
In order to invoke a jurisdiction certain requisites are to be fulfilled before actually a current could be sparked in it. Jurisdiction consist of taking cognizance of a case by court, establishing certain points, taking jurally observations and then ascertaining/ establishing the points as understood by that legal seat. It has been held that there lies a distinction between ‘want of jurisdiction’, ‘excess of jurisdiction’ and ‘wrong exercise of jurisdiction’. The Civil Code Procedure also subscribe to the fact that the civil courts have the authority to determine their own personal jurisdiction and when it may be so challenged the court will go through the tests (which the procedural rules itself provide) and in case of failure will not exercise it. The plaint to entertain that suit will thus be returned. Now on the other extreme if the jurisdiction of the court remains undisturbed and the parties to a suit remain contently oblivious of the jurisdiction (obviously not every suit will be contested on these grounds) and the court gives the finding on the suit, it can only be objected on the grounds of appeal, review and revision etc but not on jurisdiction.
In PLD 1964, SC 1997 it has been held that every irregularity in the exercise of jurisdiction shall not result in the reversal or variation of decree by the appellate court. And only the irregularity of serious nature or that which spoils the merit of the case or the serious irregular exercise of jurisdiction may meet veer, but not pointing at an early stage may result in a waiver of right to object at the later stage.
The litmus test to establish a jurisdiction can be several and the major comes from the clarity of the law to which it expressly confers power to the court dealing with the suit. Often in the preliminary inquiry such issues are brought forward. The Section 16 so exhaustive in nature talks as to the territorial jurisdiction of the court and limits it to the immoveable property as is situating in the local limits of the courts. It has been held in 1985 SCMR 604, that civil court has territorial jurisdiction over the entire district and the District Judge cannot restrict such local limits. The other parameters so exclusive to jurisdiction involves Pecuniary jurisdiction on the basis of which competency of a court and its authority is judged. Its purpose is to bring clarity in the subject matter of the trial and this may be usually judged before or at the beginning of a trial.
Another perspective of Section 9 also reveals the jurisdiction of courts to exercise its authority to every individual. The personal jurisdiction thus comes best to define it. Since the law clearly expresses itself to ‘suit of civil nature’ it further emphasis the object of the code only to ascertain or enforce a civil right through a civil proceeding. The PLD 1949 Lahore, 301 held that the court makes no difference between common law rights and the statutory rights. Another interesting perspective reveals that it’s only the subject matter of the suit which determines the nature of the suit and not the status of the parties that comes in defining it. Though this makes us enter the debate of Civil law vs. Criminal law but in its outermost capacity the establishing of rights against one individual to another invokes the civil law, thus the suits filed as a matter of right for the assertion of civil right come directly in its fold.
Apart from that there are however so many grounds on the basis of which suits can be barred and they may all fall under a ‘jurisdictional objection’. The jurisdictional objections seem to be so vast that almost every kind of bar put on the suit in fact amounts to fall in it. Thus the issues of concern for the court are only the jurisdictional objections and not any other relation.
The enormity of the term and its capacity to be used especially in the civil suits seek deep, thorough and clear description rather than its definition or interpretation. The exhaustive journey of procedural codes outshines its masters and the temptation to grope it further remains insatiable. The contemporary advances in legal system and society demands quick disposal of suits and if most of them become prey to jurisdiction in its strong web, the odds are that superfluous jurisdiction frustration will continue………....I really mean it has to continue…….The temptation and frustration like this present so chaotic discourse.

FAR ALONE DISCOVERS LOVE

The heart of a WOMAN who THINKS, in isolation and a distant fear.

Defiance is now for long so let the future be the only judge of her moves. Here she explains love, true love, pure love, spiritual love and nothing but the LOVE for all those who understands.
(This post is for all those visitors of this blog who passes by it frequently without posting comments.)
*The permission of the author was taken before its below publication.

Humanity is the experience of a multitude of throbbing realities intertwined in a matrix that is imbued with beauty, knowledge, love and even emptiness, which is the result of the absence of these. Despite various vices that are rampant in the experience of ‘humanity’ as understood today, in the realm of the spiritual, human souls are bound by the Covenant of ‘Alast’ to the Absolute, the Infinite, the Divine Creator of humanity and all that it encompasses. Prior to human existence, this Covenant imbued within humans the qualities of love and knowledge, and of these, this review will examine ‘l’ove (which I use to mean love of worldly things, base desire, yearning) in order to gain an iota of an understanding of Divine ‘L’ove.
Because of the innate need of the human soul to connect with the Divine, there is within every human a craving, a deep desire to perhaps return to the state of ecstasy that the soul experienced prior to its existence on earth. With the seed of Love implanted within it, the human soul has ventured into the modern era, where not only has the seed failed to germinate in countless hearts, but has been hidden in the folds of ephemeral longings and desires that play with the spiritual heart, so that it is blinded by consuming love.

When speaking of the Divine, it is vital to understand that there is no comparison of any Divine quality in this world. However, there are impressions, indications, ‘aayat’ or signs, as mentioned in the Holy Book, of the existence, and hence the affirmation, of the Divine. In the extract from ‘Love for Allah’ by Shaykh Zulfiqar, love is described as ‘metaphorical love’ and Love is described as ‘True Love’. The point to note in the usage of this terminology is that a metaphor is employed when there exists a relationship between the symbol used and the signified meaning. Hence, love is metaphorical because it is somehow connected to the Love of the Divine that is inherent in the human soul. In my understanding, where Love fails to grow, or where it is undernourished in the soul, love fills in the vacuum and makes the soul ill with its intoxication. Hence, the level of Love in the soul is inversely proportional to the level of love. Where True Love is lacking, there is love of worldly creations, however, where love is lacking, there may either be Love or there may be a void that needs to be filled.

The most striking feature of metaphorical love is that it is full of deceit. In the pursuit of desire, the self becomes so engrossed in the attainment of physical love that thoughts, actions and incentives all center around the obsessive thought of the beloved. There is in love the appearance of loyalty which is only loyalty to short-lived lust. There is yearning, which if satiated through physical contact creates more yearning. Therefore, the immediate satiation of physical desire is not fulfilling, rather it is a lethal[1] dose of temporary pleasure. An inescapable need to fill the well of desire within will surround the lover so that he/she does not realize that the well is accumulating with toxin so that it slowly poisons the soul, leaving no chance for the growth of the seed of True Love.
The lover joys to dwell
in love with Love.
(Yahya bin Muadh)
It appears as if worldly obsession seems to be similar to the obsession with God that is described in the poetry of the Sufis, in the manner of being all-consuming. However, it is vital to comprehend that the Sufis have experienced a germination of the seed of Love in their souls so that they are in a higher plane of existence where True Love not only satiates them but fills them so that they are at peace and in submission to the True Beloved. There is no destruction of the soul here, rather there is growth and harmony between it and the body which will act in accordance to the True Love.

Another feature of metaphorical love is its characteristic of distance. If nearness to the beloved cannot be achieved, then the lover will continue to burn in his/her destructive desire until he/she loses his/her faculties of rationality. This can potentially transform into the feeling of despair which can aggravate the individual who has already experienced a spiritual demise. This is not true of True Love, which does not allow for despair, but which, instead improves rationality so that it goes hand in hand with the senses and makes them yield to the Love so that they are immersed in a state of continual bliss.

Although the author of ‘Love for Allah’ could have drawn a comparison between yearning for worldly creation and the yearning for God, it is evident from his explanation of the principle of ‘spiritual death’ that the spirit of one enamored with love is ill and cannot fathom any form of yearning except for the worldly creation. Perhaps the best form of yearning for love is that which emanates from the germination of the seed of Love in the ‘fitra’. If one is yearning for someone or something that they hope will bring them closer to God, their spiritual heart may be in the process of awakening, or in the process of learning to fathom the depth of Love so that they can eventually experience spiritual satiety.


Base love is most disobedient to wisdom and sense. True Love is the most pacifying and serene of states. Yet, I imagine a love of creation that is for the sake of the Divine, and that branches out of the seed within the soul. It originates quietly, splitting the soul so that it is aware of Truths beyond those experienced by the body. It spreads like fire through the being and yet, remains like imprints of silent whispers in the mind. It brings about love for creation so that all that is vile in the created becomes beautiful to the inner eye. Such a love emanates from True Love and it is through the realization of this Love that there is an awakening of the heart, soul and consequently the self.

In the state of True Love, there are no concerns of the lover as he/she is in a completeness that entails no worries. This state is unfathomable in my experience, however, God in His infinite Mercy has created avenues upon which to tread to obtain a closeness to Him.

The human soul is the seat of Love provided by the Divine, and the human covers this Love with superficial triviality. How ignorant are we to cover what shines with dust, and what pacifies with what exacerbates! In the passage through life which is full of thorns, we are equipped with an armor that will protect us within ourselves, but we persist in shedding it off to be in our feeble worldly attire.

[1] Illicit love leads to a spiritual death because there is no room in the spiritual heart for God if the heart is full of the thoughts of the ‘worldly’ beloved

INDIA EMERGES AGAIN

The prospects of “Bharat Yatra” are emerging once again, but this time to the capital New Delhi. I would like to visit Delhi for several reasons.
1) Since so many rulers have invaded it several times in history, my share is still vacant. The area between Kashmiri Gate and Chandni Chowk (Old Delhi) is centre of attraction.
2) It carries the flavour of two great civilizations because of its centrality i.e. The Indus Valley (Pakistan) and the Ganges Valley (India).
3) Once again I would like to be a peace pigeon.
4) This time, most of my friends have been selected too, contrary to last year’s trip to Mumbai where though I had time of life, its horrors are extant because of my sublime loneliness. (Not to forget the night stay on Karachi airport, and lost wallet episode in Mumbai)
5) It’s the last year at Pakistan College of Law and technically that too of my academia in my homeland (I suppose).
6) I would like to surprise my old friends in Mumbai.
7) One of my favourite authors Khushwant Singh has so profoundly written about the lusty, charming and libido climate of Delhi, in his novel called DELHI.
8) The journey will be across Wagha on ‘Dosti-bus’ and thankfully not through the haggard aerial route.
9) It carries vital academic significance for my portfolio.
And last but not the least at all.

10) I WANT TO PAY HOMAGE DIRECTLY TO MY CHACHA GHALIB.


The visit is to take place somewhere in mid-March and though the complex procedural requisites haven’t been fulfilled yet, I am looking forward to the trip. In each case Delhi is on cards and despite all the odds against and my CHACHA’S favourite adage:

Dili abhi door ast
(Delhi is still far away…)


Delhi HERE I COME. I mean here I come (INSHALLAH).

THE SELFISH god RESIDES IN ALL. EXPLOIT IT THE MOST, FOLLOW IT CLOSELY AND IF POSSIBLE NURTURE IT WELL. IF WE ARE SELFISH, MOST OF OUR PROBLEMS ARE SOLVED BUT PLEASE DONT TRY THIS AT HOME. I LIKE THIS BELIEF BUT THE TROUBLE IS THAT THE MOMENT I TRY TO PRACTICE IT, I FALL IN LOVE. TRUE LOVE, REAL LOVE, SERIOUS LOVE and NOTHING BUT THE LOVE. Actually selfish charms are important but all of us fails to appreciate and savor the SWEET NECTOR OF SACRIFICE, OH! SACRIFICE, INDEED SACRIFCE WHICH IS SO IMMENSE A MISSING LINK OF OUR LIVES AND OUR CREATIONS.

Chacha Ghalib is great, so great, ever live his words and his poetry. Chacha you had a painful life, first heart break at the age of 5 and that legacy continued till you died. He had 5 dead children and so many, so many and so many KARZAAZ (debts) hovering over his head. The drunkyard icon of subcontinent lived in misery but so rich were his thoughts actually jewels that came out of him.

"Ragon mai dornay phirnay kay hum nahin kayal,

jab aankh he say na tapka to LAHU kiya hai"*

"The circulation least inspires us, if it never sheds from the eye then what worth is blood".

*Translation rights are obviously reserved, to find an accurate translation look for your ownself.

PAIN PREVENTS PAIN

"Ahimsa" is power but most peace lovers fail to recognize the faculties of might. The peace needs a laboratory environment that can best be created by the 'violence' chemical around. A perfect peace is unattainable but a true peace can be achieved. Now one needs to distinguish between the perfect peace which is UTOPIA and a real peace which involves the dominance of peace over violence. The might may pains apparently but allows a larger benefit. It is virtually impossible for governance to operate without the 'naked sword' but what might be the limits to which this can be used is a query?
Personally i believe that every government is successful if it closely follows the legal code. Not many poor countries realize the power of 'enforcing laws' which is indeed a tough business. It was rightly said that when the governments worry about the people, people no more worries about themselves. Now i may be talking strangely, absurdly, and contradictory but the underlying principle is clear, all clear and very important. With all respect and due regards to Gandhi ji and his adage of AHIMSA, my love for violence need not to be overlooked. The fear of pain is real pain and every criminal will atleast be psychological deterred before carrying out a crime to some extend this way and will help minimize and neutralize the horrors of their action. I love peace but the pragmatism seeks violence and states need violence to protect the weak bodies like me. PEACE LIVES LONG BY THE CAPSULE OF VIOLENCE.