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Tuesday December 24, 2024

Justice Shah Din - Life & Writings

December 20, 2009
A banker by profession, Salim Ansar has a passion for history and historic books. His personal library already boasts a treasure trove of over 7,000 rare and unique books.

Every week, we shall take a leaf from one such book and treat you to a little taste of history.

BOOK NAME: Justice Shah Din - Life & Writings

AUTHOR: Bashir Ahmad

PUBLISHER: Ferozesons Ltd Lahore

DATE OF PUBLICATION: 1962

The following excerpt has been taken from Page: 46 - 48

Mian Shah Din’s intellectual and literary ability which first attracted people’s attention towards him soon after his return from England as a barrister; yet though his talents as a speaker and writer were remarkable the distinguishing trait of his personality and character was his passion for righteousness both in public and private life. In this he occupied a unique position in his own community, to which he felt he owed a special duty. But along with his deep sympathy with the Muslims, he had ideals of universal appeal based on truth and justice. The great poet Iqbal had a very high opinion of Mian Shah Din about whom he wrote one of his best poems entitled ‘Humayun’.

EXTRACT

“Law is said to be a jealous mistress; a lawyer is supposed to concentrate in the main on his legal work, and yet the lawyers in this country form a great proportion of those who have come forward to take part in politics and in other spheres of public life.

“While Mian Shah Din was conducting a big and important case at Multan for the Bahawalpur State in the summer of 1903, he was appointed for 2 years (an ‘Honourable’) member of the Legislative Council, Punjab, then a small nominated body, consisting of about 9 members, the majority of whom were British. Mian Shah Din’s nomination was hailed by the Indian Press as ‘a very encouraging departure’ as he was the first Muslim chosen for his marked ability rather than for his aristocratic background. He was

reappointed in 1905 and again in 1907, soon after which he was elevated to the Bench.

“In the Legislative Council he made his maiden speech on 19th November, 1904, on the Punjab Loans Limitation Bill; in it he disagreed with the proposal to extend the limitation from three to six years, as the change would have damaged the interests of the poor agriculturists. He also took a prominent part in the discussion of several other bills, including the Punjab Pre-emption Bill, Punjab Tenancy Act Amendment Bill (1905), Punjab Alienation of Land Act Amendment Bill (1906) etc. In all these discussions he espoused the cause of the poor and particularly of the Muslim peasants.

“Mian Shah Din took a leading part in the political organization of the Muslim community. As we have seen, he participated actively in the discussions relating to Sir Syed’s first proposed political organization in 1893; but the time not being ripe for it, the organization did not achieve any prominence. Sometime after the great leader’s death, however, things assumed a different aspect particularly after Sir Anthony Macdonell, the U.P. Governor, took up the cause of Hindi as against Urdu (1900). On this there was some political agitation among the Muslims, but when the U.P. Governor brought pressure to bear on Nawab Mohsin-ul-Mulk, Aligarh College authorities thought it expedient not to press the matter further. Political efforts on a small scale were renewed once more by Nawab Viqar-ul-Mulk (1901-3), and later on by Sahibzada Aftab Ahmad Khan and Mr. Morrison, the new Aligarh Principal, but they all came to nothing. In 1903, the latter two gentlemen circulated a ‘draft programme of a new political party’ which ostensibly was not to be a communal one, nor anti-Government, but would simply ‘establish an annual gathering for political discussion’ with the object of the administrative, educational and industrial advancement of India. In reply to a letter from Mr. Morrison Mian Shah Din wrote to him on 9th May 1903 that he did not look with favour on the details of the proposals. The feeling in Lahore, which he shared, was that the Aligarh leaders had not conducted nor had brought to a close in a befitting manner the Urdu agitation against the Government, that henceforth the official direction of Muslim educational affairs could not be profitably combined with their political programme, that a Muslim political organization, when it came into existence, should not have its centre at Aligarh, and that it would, on the whole, be better to pay more attention to our own communal needs for the present, and to leave the larger questions for discussion at a time when the Muslims grew stronger in political sentiment and power.

“In 1906, when Nawab Mohsin-ul-Mulk organized an All-India Muhammadan Deputation, with His Highness the Agha Khan as its head, to represent and advocate the claims of the Muslim community regarding their adequate representation in the Legislature and Public Services, Mian Shah Din was one of its prominent members. In this connection he took an active part in the Muslim leaders’ consultations and discussions about the Indian political situation and the steps to be taken by the Muslims to secure their proper place in Indian polity. The deputation waited on Lord Minto at Simla on 1st October 1906, and the recognition of Muslim claims in the Minto-Morley Reform Scheme was the direct result of its labours. It may also be noted that the first fruit of this political effort was the recognition of Muslim legal talent in the appointment of Mian Shah Din as a Judge of the Punjab Chief Court. At the time of his appointment, he was the only Muslim Judge in the High Courts or the Chief Courts in India.

“The idea of starting an All-India Muslim League grew up during the various meetings which took place on this occasion, and its final Constitution was debated and adopted at a meeting held in March 1908, at Aligarh under the presidency of Mian Shah Din. The Punjab Branch of All-India Muslim League had been organized earlier, and Mian Shah Din was elected as its first president (on 30th November 1907), which position he held until his appointment as Judge of the Punjab Chief Court in October 1908.”

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