While there is no dearth of scholarship on how to interpret the historical development of nation-making and state-building, this writing begins with Hegel’s philosophical approach (original and reflective being the other two approaches) to understanding the cases of India and Pakistan. The essence of the philosophical approach is that the states selectively objectify, record, and present the facts to proceed in a particular direction. This approach reasonably fits the two nations, the latter coming out of the former as a consequence of the 1947 partition. They were and remain selective in choosing periods, regions, personalities, events, characters and incidents to reinforce and propagate their ideologies while excluding others—mainly challenging those ideologies.

This has caused an otherising of various heroes, philanthropists, jurists and benign and humane souls merely based on their faith. Subsequently, many talented, competent, and capable sons of the soil – who had served the people in various capacities, forms, and situations and played a notable role in state-building and nation-building – have been excluded from the pages of official history and academic writings.

Justice Alvin Robert Cornelius (1903-1991) – an eminent jurist, a legal philosopher and the first Catholic judge to serve as the chief justice of Pakistan (1960-1968) – is one such hero to have fallen prey to this approach. He has never been given the place in the local discourse and the textbooks of Pakistan he deserved. This has mainly been due to his faith. Thus, he has been otherised in our literature through the communalisation of textbooks taught at our schools and colleges. This piece is an attempt to spotlight his services to the land and the people of Pakistan.

Born to Tara D’Rozario and Prof Israel Jacob Cornelius of Agra on May 8, 1903, Cornelius was brought up as a Presbyterian. However, he converted to Roman Catholicism in 1931 after his marriage to Ione Francis, a devout Roman Catholic.

After attending St John’s College of Agra, Cornelius got admission in Muir College, from where he received his bachelor’s in mathematics and civil law in 1924. Then, he passed the competitive examination of Indian Civil Services (ICS) and was sent as a probationer for a two-year study at Selwyn College of Cambridge University, from where he obtained his LLM degree. On his return, he was posted at Ambala district in the Punjab.

In 1930, he was appointed to the judicial branch of the ICS as an assistant commissioner and served as a district and sessions judge in various districts of the Punjab. He was elevated to the bench of the Lahore High Court in 1946.

At the partition of the subcontinent, he was one of the 157 ICS officers who opted for Pakistan. He was the only Christian ICS officer to do so. He was tasked to draft laws governing the evacuee property, refugees and rehabilitation. In April 1950, he became the secretary of the Ministry of Law and Labour headed by Jogindera Nath Mandal, a position he retained till May 31, 1951. The assassination of Prime Minister Liaquat Ali Khan in October 1951 affected the course of his career. He resigned from the government assignments and was elevated to the Federal Court of Pakistan (later, the Supreme Court) in November 1951, where he served as chief justice from 1960 to 1968.

Justice AR Cornelius was one of the leading Christian intellectuals in the Pakistan Movement. His active role in the formation of Pakistan is exemplary. He had the honour of working closely with Muhammad Ali Jinnah and Liaquat Ali Khan to establish the legal sector of Pakistan.

Justice AR Cornelius was one of the leading Christian leaders in the Pakistan Movement. His active role in the formation of Pakistan is exemplary. He had the honour of working closely with Muhammad Ali Jinnah and Liaquat Ali Khan to establish the legal sector of Pakistan.

While serving in the judiciary of Pakistan, he emphasised on broadening, solidifying, and enforcing fundamental human rights by recognising them as the hallmark of judicial services. He stressed upholding the principles of liberty, equality and fraternity. He believed that the fundamental rights provided in the constitution were based on the principles of democracy, freedom, tolerance and social justice. Thus, he led the court towards a liberal interpretation of the law and the constitution, which led to the promotion and enforcement of fundamental rights. As a result, he earned the reputation of an advocate and defender of human rights.

In addition, his judgments formed the basis for introducing ‘judicial review’ of administrative action, due process of law, equality before law, separation of powers and the principles of natural justice. His historic dissent in Maulvi Tamizuddin Khan v Federation of Pakistan stands as a model of judicial courage and uprightness in the history of Pakistan. (The Federal Court had reversed the decision of the Sindh High Court on March 21, 1955, with a majority of four to one; Justice Cornelius wrote a dissenting note.)

He is also credited with the most significant intervention in the development of the judiciary in Pakistan in synthesised Islamic ideals and Western thought. His predecessors – Justice Sir Abdul Rashid and Justice Mohammad Munir had preferred to follow the British tradition. However, Cornelius thought that as an Islamic country, Pakistan should not follow the British model wholesale but also blend it with Islamic ideals to achieve a better synthesis. This opened another door, created a dialogue between Western and Islamic jurisprudence and made justice more intelligible for the lay people.

Apart from other services and contributions, Cornelius is, indisputably, regarded as the main architect of cricket in Pakistan. His peerless vision drew his attention towards promoting cricket in Pakistan at a time when no one else had thought of it. The story of his efforts for promoting cricket in Pakistan goes as follows. The West Indies cricket team was touring India in 1948, and he wanted to benefit from it. Thus, he formed a cricket board in Pakistan – wrote its constitution – and invited the West Indies to tour Pakistan. They accepted the invitation and became the first international team to play in Pakistan.

He also founded the Pakistan Eaglets, an informal club of promising young cricketers in 1951-1952, which toured England for receiving training and gaining experience. The Eaglets participated in First Class cricket in England and played many games between 1953 and 1965. In recognition of his services to cricket, he was given an honour rarely bestowed on anyone, least of all foreigners. He was made an Honorary Life Member of the Marylebone Cricket Club (MCC) of London.

Despite his invaluable services and notable contributions, some question his integrity and patriotism merely on account of his faith. When General Yahya asked AR Cornelius and GW Choudhry to draft a new constitution – Zulfikar Ali Bhutto objected to this assignment with the comment, “he is a dhimmi. How can he make a constitution for a Muslim state?”

Cornelius has been missing altogether from Pakistani textbooks and academic writings. He has apparently been discarded on account of his faith. We should accept and treat him as a local hero who served the people and the country in various capacities, forms and situations. There is a dire need to include him and other local heroes in our textbooks.

The writer has a PhD in history from Shanghai University and is a lecturer at GCU, Faisalabad. He can be contacted at mazharabbasgondal87@gmail.com. He tweets at @MazharGondal87