Alvin Robert Cornelius
Alvin Robert Cornelius الوین رابرٹ كورنيليس Ayub Khan | |
|---|---|
| Succeeded by | Muzafar Hussain |
| Minister of Law and Justice | |
| In office 1969 – 16 December 1971 | |
| President | General Yahya Khan |
| Personal details | |
| Born | 8 May 1903 Agra, United Provinces, British India |
| Died | 21 December 1991 (aged 88) Lahore, Punjab, Pakistan |
| Spouse | Ione Francis |
| Children | 2 |
| Alma mater | University of Allahabad Selwyn College, Cambridge |
| Awards | Hilal-i-Pakistan |
Alvin Robert Cornelius,
Cornelius was born in
In 1946, Cornelius was elevated to associate judge of the Lahore High Court;
In 1960, President
Early life
Family roots and education
Alvin Robert Cornelius was born on 8 May 1903, in Agra,
Cornelius joined the law faculty of the university, working there as a research associate, and won the government scholarship to pursue further education abroad.
Career in law
He joined the
Pakistan Movement
Cornelius was one of the notable Christian figures in the
Supreme Court of Pakistan
From 1950 to 1951, Cornelius served as secretary of Law and Labour at the Ministry of Law, Labour headed by
Bogra vs. Governor-General
In 1954, the National Assembly of Pakistan tried to change the constitution to establish checks on the Governor-General's powers, to prevent a repeat of what had happened to Nazimuddin's government. In response, Ghulam Muhammad dismissed the Assembly, an action that was challenged in the Supreme Court. Ghulam Muhammad emerged victorious when the Chief Justice Muhammad Munir upheld the dismissal in a split decision, despite the dissenting opinion written by the renowned Justice (later Chief Justice) A. R. Cornelius, and despite protests from the members of the Assembly.[6]
Chief Justice of Pakistan
Justice A.R. Cornelius was appointed as the Chief Justice of Pakistan in 1960.[7]
Legal philosophy
Legal mode of thought in the first 20 years of Pakistani history was dominated by two opposite currents: pro-secular and pro-Islamic. A peaceful co-existence of these two currents is precisely what distinguishes the first 20 years (1947 to 1966) from the next twenty (1967–1987), when the two currents became increasingly divergent in Pakistan.
The pro-secular tendency was apparently inherited from the colonial past, and was widespread among the intelligentsia and the educated. For a number of reasons it has been epitomised by Justice Muhammad Munir (1895–1979), who was the main author of the Munir Report (1954) about the anti-Ahmedi riots in Punjab. The report has long been hailed as a masterpiece of secular values.
Therefore, it is often seen as a matter of surprise that the same judge, after being promoted as the Chief Justice of Pakistan, upheld the dissolution of the Constituent Assembly by Governor-General Malik Ghulam Muhammad soon thereafter. Yet, it might help to remember that Munir's argument in favour of dictatorship – his famous 'Doctrine of Necessity' that provided excuse to all subsequent dictators – was also rooted in his western learning just like his secularism (he supported his argument on a maxim of the 13th century British jurist Henry de Bracton).
That it was left to a Christian to present the case of Islam at the highest ladder of jurisprudence in the formative phase of the Pakistan would be regarded by some as a paradox, and by others as corroboration of Muhammad Ali Jinnah's dream. Alvin Robert Cornelius was a relentless defender of Sharia, and arguably played the most important role in inculcating some Islamic values in the legal institutions of Pakistan.
The cornerstones of his
In 1954, when the bench headed by Chief Justice Munir upheld the decision of the
However, Cornelius' concept of inalienable rights seems to be slightly different from how the issue is usually projected. He was of the opinion that the people deserved to feel secure that law shall safeguard their cherished values and norms. In 'Crime and Punishment of Crime', the paper which he read at an international conference in Sydney in August 1965, he mentioned several cases to indicate "the extent to which the law supports the indigenous disciplines operating in our society, through the authority of the elders." For similar reasons, he defended the indigenous institution of jirga as well as the punishments prescribed by Sharia for crimes like theft and robbery.
Acutely aware of the tendency to treat each individual as an island, Cornelius offered a few words of caution to his international audience, and his words reflected the ethos of his new nation that had come into being with the specific goal of rediscovering society as an organic unity. "It must be recognised that crime is a biological fact of society, whether ancient or modern," he said. "It grows out of social condition and is not to be contained without the most careful examination of its etiology… In that process, it would be well not to reject, out of hand as being out-dated, the principles and techniques laid down and applied by the ancients, for dealing with the problem in their times. They may have their uses, and certainly in eastern countries, they still possess validity."[8]
Cricket
Cornelius was closely associated with the Lahore Gymkhana Cricket Club which played at
Death
Cornelius was residing permanently in Faletti's Hotel Lahore after retirement.[9] He died at the age of 88 on 21 December 1991 in Lahore and was buried in the city's Christian cemetery.
Works
- Law and judiciary in Pakistan; Lahore Law Times Publications; (1981)
- The ethical basis for democracy in Pakistan; Hamdard National Foundation, Pakistan; (1971)
See also
References
- ^ ISBN 978-0-7546-6024-8.
- ^ ISBN 978-0-19-579018-4.
- ^ Studies in contemporary Islam. Center for Islamic Studies (Youngstone State University). 2000.
- ISBN 0-521-45289-9.
- ^ Snippet view (2000). Impact international. Karachi, Pakistan: Snippet view.
- ^ Kureishi, Omar (18 July 2004). "For the love of cricket". Dawn Magazine. Archived from the original on 5 September 2008.
- ^ Khurram Ali Shafique (14 January 2011). "Cornelius and Sharia law". Dawn. Pakistans. Retrieved 8 February 2012.
- ^ Khurram Ali Shafique. "Cornelius of Pakistan".
- ^ Nasir Iqbal (24 April 2011). "A Soft opening to Judicial past". The Dawn Newspapers. Retrieved 8 February 2012.
- Chief Justice Cornelius of Pakistan: An Analysis With Letters and Speeches, by Ralph Braibanti ISBN 0-19-579018-9.
- Judging the State: Courts and Constitutional Politics in Pakistan, by Paula R. Newberg ISBN 0-521-89440-9.
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