For a sexist society, no victim can ever be perfect
Even as we celebrate the verdict in Noor Mukadam's case, we're reminded that judges aren't there to judge morality.
Lawyers, politicians and netizens are rallying behind advocate Imaan Mazari-Hazir in condemnation of remarks made to her by Islamabad High Court Chief Justice Sarfraz Dogar.
Justice Dogar took issue during a hearing of Mahrang Baloch’s plea to remove her name from the Exit Control List on Thursday to Mazari allegedly calling him a “dictator” and warned that he would initiate contempt of court proceedings against her. It was not clear which instance of Mazari calling him a dictator the judge was referring to.
In response, Mazari, who is Baloch’s legal counsel, said, “I have not said anything beyond the jurisdiction of the law and Constitution. If you want to initiate contempt of court proceedings, then please do so. The Constitution has given me the right to freedom of expression, which is what I have used.”
During the proceedings, Justice Dogar turned to Mazari’s husband Hadi Ali Chatha and said, “Hadi sahib, make her understand; if I get hold of her someday…”
On Friday, Justice Dogar said his words had been presented out of context, claiming Mazari was “just like a daughter” to him, and he was just explaining things to her yesterday. “Being the chief justice and an elder, I was trying to make her understand,” he said, adding that his remarks were presented out of context and “a storm brewed up”.
The IHC CJ maintained that during his exchange with Mazari, he had told her that she could disagree with his decisions, but she should have avoided making her criticism personal. At one point, he reiterated: “I was explaining to her just as (I would) to a child, but she was not understanding. She was repeatedly mentioning fundamental rights. Does this court not have any fundamental rights?”
Mazari called Justice Dogar out on X for making sexist remarks and accused him of harassing her. “First, the chief justice misbehaved, harassed me at my workplace and threatened me openly in the court … Today again, he is passing sexist remarks.”
She asserted that she was neither his daughter nor a child. “I am a professional lawyer.”
Justice Dogar’s initial remarks and subsequent clarification led to a firestorm online, with some saying he and others “need to be educated on discrimination, harassment and bullying”.
Advocate Khadija Siddiqi said the remarks were “utterly abhorrent and unacceptable, perpetuating a culture of sexism in courts when 99 per cent male dominance already exists in the fraternity”.
She called his comments to Mazari’s husband a “display of sexism and patriarchy, compounded by the threat of contempt against Imaan for daring to question the judiciary”.
Many others condemned Justice Dogar’s conduct and called for decorum to be upheld.
Journalist Mariana Babar called for a fine to be imposed on the CJ.
Advocate Rabbiya Bajwa, former vice president of the Lahore High Court Bar Association, called Justice Dogar’s conduct “unbecoming of a judge”.
BNP chief Akhtar Mengal said, “A woman who defied norms and challenges the system is truly the daughter of the soil. Small men in big offices cannot diminish that.” He said watching Mazari’s fight reminded him of the late Asma Jahangir, adding that she would be “proud of you today”.
Former Sindh MPA Dewan Sachal said, “No one should be allowed to talk like this at a workplace, especially to a woman.”
A group of 41 women lawyers, including Supreme Court and high court advocates, issued a notice of condemnation, describing Justice Dogar’s comments as “sexist, threatening, and unbecoming of a judge”.
“Courtrooms are not places for judges to display personal grievances; judges must dispense justice. Judges have a duty to act independently and impartially. The comments reflect a deeply patriarchal attitude, and the threats are a source of concern. The purpose of contempt laws is to uphold the administration of justice, not for judges to hold a sword over the heads of lawyers.”
The Karachi Bar Association and Lahore High Court Bar Association both issued statements in support of Mazari. In its statement, the Karachi bar condemned the “highly inappropriate conduct” and said, “Such behaviour undermines the sanctity of judicial forums, intimidates members of the Bar and is contrary to the principles of justice.”
The Lahore bar called for the Supreme Judicial Council to take notice and remove Justice Dogar from his position.
In a statement issued on Friday, the Women’s Action Forum (WAF) said it was outraged at reports of the misogynist language and mindset displayed publicly by Justice Dogar.“WAF places on record its strongest protest and condemnation of such highly objectionable patriarchal misogynist anti-women remarks and behaviour; as well as the patronising language employed in addressing and instructing the lawyer’s spouse in a manner highly insulting and demeaning towards her; along with an incredible violation of the basic norms of civility, courtesy, and judicial standards.”It called for an unequivocal, unconditional retraction and apology to Mazari and for the Chief Justice of Pakistan as well as the Supreme Judicial Council to “take notice and effective action against their senior colleague’s threats, attitude and behaviour — wholly unbecoming of the senior judiciary”.