The contrast between Qazi Sirajuddin of Bengal, who upheld justice even at the risk of his life, and Qazi Faez Isa, criticized for his subservience to Pakistan’s establishment, highlights the stark differences in judicial integrity.
I HAVE READ about several great judges from many countries, such as English judges like Lord Coke, Lord Hewart, Lord Atkin, Lord Denning, and American judges like Chief Justice Marshall, Justice Harlan, Justice Holmes, and Justice Brandeis.
Similarly, in India, there were brave judges like Justice H.R. Khanna of the Supreme Court, who sacrificed the chance to become Chief Justice of India by refusing to deliver a dishonest judgment as directed by the autocratic Prime Minister, Indira Gandhi, during the Emergency in the ADM Jabalpur vs Shivakant Shukla case (1976).
However, in my view, the greatest judge in world judicial history was Qazi Sirajuddin, the Qazi-e-Subah of Bengal, who performed his duty even at the risk of losing his life to his sovereign, the Sultan of Bengal.
In his book History of Bengal, Prof. Charles Stewart mentions a case from 1490 that came before Qazi Sirajuddin.
One day, while the Sultan of Bengal was practicing archery, one of his arrows accidentally wounded a boy, the son of a widow. The widow immediately approached the Qazi and demanded justice.
The Qazi found himself in a dilemma. He thought to himself, “If I summon the Sultan to my court, he may have me executed for impertinence, but if I overlook his act, I will surely be summoned before the Court of God to answer for neglecting my duty.”
After much reflection, the fear of God prevailed over the fear of the Sultan, and the Qazi ordered one of his officers to summon the Sultan to his court.
Upon receiving the summons, the Sultan rose immediately and, concealing a short sword under his garments, went before the Qazi.
Far from rising from his seat or showing the Sultan any mark of respect, the Qazi said to him, “You have wounded the son of this poor widow. You must therefore either compensate her adequately or suffer the punishment prescribed by law.”
The Sultan bowed and, turning to the widow, gave her a large sum of money, which satisfied her. After doing so, he said to the Qazi, “Worthy Judge, the complainant has forgiven me.”
The Qazi then asked the woman if she was satisfied, to which she agreed, and the case was dismissed.
The Qazi then descended from his seat and made obeisance before his sovereign.
The Sultan, drawing the sword from beneath his garment, said, “O Qazi, in obedience to your command, I came instantly to your court, but if you had not done your duty, I swear that with this sword I would have taken off your head. Thanks to God, I have a judge in my dominion who acknowledges no authority higher than the law.”
Chief Justice of Pakistan, Qazi Faez Isa
The Qazi, in turn, took out a whip that he had concealed under his robes and said to the King, “I also swear by Almighty God that if you had not complied with the law, this whip would have made your back black and blue. This has been a trial for both of us.”
Now, compare Qazi Sirajuddin with another Qazi, the shameless lackey of the Pakistan Establishment, Qazi Faez Isa, who served as the Chief Justice of Pakistan since September 2023. He was a disgrace to the judiciary, and his retirement on October 25, 2024, will be a day of celebration for all Pakistanis. 
Markandey Katju
Justice Markandey Katju is former Judge, Supreme Court of India and former Chairman, Press Council of India.
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