Justice Markandey Katju explores the implications of Section 123A of the Pakistan Penal Code, which criminalizes criticism of Pakistan's creation and sovereignty. This legal restriction poses a significant dilemma for Pakistanis who wish to express dissenting views on the 1947 Partition and the Islamic State of Pakistan. Drawing parallels with historical figures like Copernicus, Justice Katju argues that the pursuit of truth and national unity remains vital despite severe risks, including potential imprisonment and mob violence. He highlights the challenges faced by advocates of Indo-Pak-Bangladeshi reunification and emphasizes that transformative ideas, much like Copernicus' heliocentric theory, can eventually overcome such obstacles. For more insights, read Justice Katju's article and analysis….
The dilemma for Pakistanis
By Justice Markandey Katju
Section 123A of the Pakistan Penal Code states :
''Condemnation of the creation of the State, and advocacy of abolition of its sovereignty:
(1) Whoever, within or without Pakistan, with intent to influence, or knowing it to be likely that he will influence, any person or the whole or any section of the public, in a manner likely to be prejudicial to the safety or ideology of Pakistan or to endanger the sovereignty of Pakistan in respect of all or any of the territories lying within its borders, shall by words, spoken or written, or by signs or visible representation abuse Pakistan or, condemn the creation of Pakistan by virtue of the partition of India which was effected on the fifteenth day of August, 1947, or. advocate the curtailment or abolition of the sovereignty of Pakistan in respect of all or any of the territories lying within its borders, whether by amalgamation with the territories of neighbouring States or otherwise, shall be punished with rigorous imprisonment which may extend to ten years and shall also be liable to fine''.
Thus, criticising the Partition of India in 1947, and criticising the creation of the Islamic State of Pakistan, is a criminal offence in Pakistan, punishable by up to 10 years imprisonment.
So even if a Pakistani genuinely believes that Partition of India in 1947 on the basis of the two nation theory ( that Hindus and Muslims are two separate nations ) was wrong, he dare not say it, for fear that if he does so he may be arrested and chargesheeted, and after a trial sentenced to up to 10 years imprisonment. This is apart from facing mob violence.
Speaking the truth is often a dilemma facing upright people when they know that such speech can get them into serious trouble.
A good example is the heliocentric theory (that the earth goes around the sun) of the Polish-German scientist Copernicus, who in his treatise 'De revolutionibus orbium coelestium' (On the Revolutions of the Celestial Spheres) published in 1543 refuted the then prevalent Biblical geocentric theory (that the sun goes around the earth).
Now the heliocentric was a very dangerous theory to propagate in those times, as criticising the Bible was then a capital offence, punishable by being burnt on the stake by the Inquisition.
The great Italian scientist was almost burnt at the stake in 1633 for supporting Copernicus' view, and escaped only by recanting. Yet Copernicus' view is now universally accepted.
An organisation called the Indian Reunification Association has been formed, of which I am the patron, whose objective is to propagate the idea that India, Pakistan and Bangladesh must reunite, as we are really one nation sharing the same culture, and were one for over 500 years from the time of Moghul Emperor Akbar.
Although many Indians have joined the Association, no Pakistani has as yet joined, even if he shares our opinion in his heart, out of fear that if he does so he may have to face terrible repercussions. Quite apart from prosecution under section 123A, he may have to face mob violence, and even get lynched.
Some Bangladeshi youth had initially joined us, but they later withdrew, saying that the security agencies have started harassing them.
However, since we are convinced that our idea is based on truth (that India, Pakistan, and Bangladesh are really one nation), we are confident that our idea will gradually spread, like Copernicus' idea, even in Pakistan and Bangladesh, and one day we will be reunited. There are bound to be brave Pakistanis and Bangladeshis who realising that we represent the truth, will join us despite all the dangers.
As the great French writer Victor Hugo said, ''There is one thing more powerful than all the armies in the world, and that is an idea whose time has come''.
(Justice Katju is a retired judge of the Supreme Court of India. These are his personal views.)
