Echoes & Paradoxes

“Candid echoes of our past create paradoxes in our present, shaping the ever-evolving narrative of our lives.”

Aemen Zulfikar Maluka

*The oldest posts appear at the end.

Favourite Quote :

“You have enemies? Good. That means you’ve stood up for something, sometime in your life.”

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This personal blog is written by Barrister Aemen Zulfikar Maluka 

August 21 2024

I have to say it has been an eventful year with a lot of news stories and recent developments.Some of these stories in the news in the  have not been particularly encouraging to the state of women’s rights around the world.

The first of these stories has been about the harassment Imane Khalif has had to go through. I feel deeply saddened for Imane Khalif, who has been unfairly judged simply for not conforming to societal expectations of what women should look like. It’s disheartening to see how society often imposes rigid standards of femininity, dictating how women should dress, behave, and even appear. Imane Khalif, like many other women, is being scrutinized not for her talents, achievements, or character, but for her appearance—something that should never be a measure of her worth or identity.

In a world where individuality should be celebrated, it is painful to witness how someone like Imane, who has likely faced significant challenges and made incredible strides, is reduced to her physical appearance. This judgment not only perpetuates harmful stereotypes but also reinforces the idea that women must fit into a narrowly defined mold to be accepted or valued.

Every woman deserves the right to define herself on her own terms, free from the pressures of societal norms that often do more harm than good. Imane Khalif’s experience is a reminder of the work that still needs to be done to ensure that all women can express themselves authentically without fear of judgment or discrimination.

It’s crucial for us to challenge these societal views and support women like Imane in their right to be who they are, without conforming to outdated and oppressive standards. We must shift the focus away from appearance and toward the true qualities that matter—integrity, strength, intelligence, and kindness. Only then can we hope to create a world where every woman is respected and valued for who she truly is.

Imane Khalif’s experience is a stark reminder of the harsh realities women often face when they do not conform to societal standards of appearance and femininity. It is heartbreaking to see a woman judged not by her character, talent, or accomplishments, but by the way she looks. As a community of women, we must rally together to support Imane and others like her, and work towards a world where every woman is free to express herself without fear of judgment or discrimination.

The first step in making it right for Imane Khalif is to embrace the idea that there is no one way to be a woman. Feminine identity is diverse and multifaceted, encompassing a wide range of appearances, expressions, and experiences. Every woman’s identity is valid, and none should be diminished because they do not fit into a narrowly defined societal mold.

By celebrating diversity, we empower women to be themselves, whether that means embracing traditional forms of femininity or forging new paths. We can do this by highlighting the stories of women from different backgrounds, with different looks and lifestyles, and showing that each is worthy of respect and admiration.

The narrative surrounding women’s appearance needs to change. Too often, media and society focus on how women look rather than what they do. This emphasis on appearance not only limits women but also reinforces harmful stereotypes that can lead to discrimination and marginalization.

We can begin changing this narrative by supporting media outlets, brands, and public figures who promote diversity and reject superficial judgments. Additionally, as individuals, we can challenge and correct harmful comments or attitudes when we encounter them, whether in our personal lives or online.

Another crucial way we can support women like Imane Khalif is through advocacy and legal protection. Laws and policies that protect individuals from discrimination based on appearance, gender, or identity are essential. As a community, we can advocate for stronger protections and work to ensure that existing laws are enforced.

Organizations that focus on women’s rights and gender equality can play a key role in this effort. By supporting these organizations through donations, volunteering, or spreading awareness, we contribute to a broader movement that seeks to ensure all women are treated with the respect and dignity they deserve.

Empowerment is a powerful tool. When women like Imane Khalif are empowered to lead, they not only inspire others but also challenge the status quo. We must work to create opportunities for women to take on leadership roles in all areas of society, from business and politics to education and the arts.

Mentorship and support networks are vital in this process. By providing guidance, encouragement, and resources, we can help more women step into positions of influence where they can drive change and advocate for a more inclusive society.

The Second Story has been about the Olympic player Ray Gun, like many women who defy societal norms, has faced harsh judgment and criticism for daring to be herself in a world that often demands conformity.

Ray Gun’s journey is emblematic of the challenges many women face when they choose to walk a path that deviates from what society expects. Whether it’s in how she presents herself, the choices she makes, or the way she navigates her career, Ray Gun has consistently shown that she is unafraid to be different. This kind of bravery should be celebrated, not condemned.

In a world that often pressures women to fit into certain molds—whether it’s in terms of appearance, behavior, or life choices—Ray Gun’s refusal to conform is an act of resistance. It is a reminder that there is no one way to be a woman, and that our diversity is our strength. By supporting Ray Gun, we are not just supporting one woman; we are supporting the idea that all women have the right to define themselves on their own terms.

The harsh judgment Ray Gun has faced is rooted in stereotypes that seek to limit what women can be and do. These stereotypes are pervasive and damaging, often dictating that women must be a certain way to be accepted or respected. When we judge women like Ray Gun for not fitting into these narrow boxes, we reinforce those stereotypes and make it harder for all women to live freely.

It’s time to break down these harmful ideas. We can do this by embracing the diversity of women’s experiences and appearances, and by rejecting the notion that there is a “right” way to be a woman. Ray Gun’s story is an opportunity for us to reflect on how we can be more inclusive and supportive of all women, regardless of how they choose to express themselves.

As women, we know how powerful it can be to have the support of a community that understands and uplifts us. Ray Gun deserves that support now more than ever. By standing with her, we send a message that we will not allow society to pit women against each other or tear down those who are brave enough to be different.

Supporting Ray Gun also means supporting every woman who has ever been judged, marginalized, or silenced for being herself. It means recognizing that our struggles are interconnected, and that when one woman is unfairly judged, it affects us all. Together, we can create a culture of solidarity that empowers all women to live authentically and without fear.

The third and the Saddest story has been that of the Rape of Moumita Debnath of India which shocked the world.

As a woman, it is with a heavy heart that I reflect on the tragic case of Moumita Debnath and the profound failure of the justice system that allowed such an atrocity to occur. Moumita’s story is not just a tale of individual suffering; it is a devastating reminder of the systemic failures that continue to plague women worldwide.

Moumita Debnath’s case is one of unimaginable horror—a young woman subjected to brutal violence, her life cut short by those who saw her as less than human. The details of her suffering are gut-wrenching, and they force us to confront the stark reality that, despite all our progress, women are still not safe in their own communities, their own homes, and often, not even within the confines of the law that is supposed to protect them.

The pain I feel as a woman when I hear stories like Moumita’s is indescribable. It is a mix of sorrow, anger, and frustration. Sorrow for the life that was stolen from her, anger at those who perpetrated such violence, and frustration at a justice system that repeatedly fails women like Moumita. This system, which is supposed to serve as a safeguard against such horrors, often turns a blind eye, or worse, blames the victim, perpetuating a cycle of violence and impunity.

Moumita’s case is not an isolated incident. It is part of a global pattern where women, particularly those in vulnerable situations, are failed by the very institutions that are meant to protect them. Whether it is due to deeply ingrained patriarchal norms, corruption, or sheer negligence, the justice system has too often been complicit in the suffering of women. This failure is evident not just in cases of extreme violence, but in the everyday injustices that women face—be it domestic violence, sexual harassment, or discrimination in the workplace.

The international community has made strides in recognizing women’s rights, but the gap between policy and practice remains wide. Laws that exist to protect women are often poorly enforced, and the cultural and institutional barriers to justice are immense. In many parts of the world, women are still treated as second-class citizens, their voices silenced, their pain ignored. This is a grave injustice that must be addressed.

 We must hold our governments and legal systems accountable, push for reforms, and ensure that justice is not just a promise on paper, but a reality for all women, regardless of where they live or their social standing. We must support organizations and movements that are fighting for women’s rights and amplify the voices of those who are too often unheard.

But most importantly, we must stand in solidarity with one another. When one woman suffers, it is a wound that we all bear. We must continue to fight for a world where no woman has to endure what Moumita Debnath did, where every woman is treated with the dignity and respect she deserves, and where justice is not a distant dream, but a lived reality.

Moumita’s story should not be forgotten. It should fuel our collective resolve to continue the struggle for a just and equitable world—a world where the justice system does not fail women, but stands as their strongest ally. Let us honor her memory by ensuring that her story is not just another statistic, but a catalyst for change.

February 1st 2024 

A Promising Start: Reflecting on the First Month of the Year for Our Law Firm

As the first month of the year has swiftly passed, it’s a great opportunity to take a moment and reflect on the promising start we’ve had at our law firm. While it’s just the beginning, the strides we’ve made and the groundwork laid down in January are indicative of the trajectory we envision for the rest of the year. Our journey through this initial phase has been marked by strategic planning, early achievements, and a reinforced commitment to our clients and the broader community.

Strategic Planning and Goal Setting

The start of the year is always an ideal time for strategic planning and goal setting, and we’ve embraced this fully. We’ve taken this time to reassess our objectives, align our resources, and set clear, achievable goals for the year ahead. This planning phase has involved every member of our team, ensuring that we are all committed to a unified vision. Our focus has been not just on growth but on sustainable and responsible expansion that adheres to our core values and commitment to legal excellence.

Early Achievements

Even in this short span, we’ve already marked some significant early achievements. We’ve successfully concluded several cases that carried over from the previous year, providing our clients with favorable outcomes. These successes serve as a testament to our team’s dedication and expertise and set a positive tone for the months to come.

Reinforcing Commitment to Clients

A key focus for us this year is to deepen our client relationships. We understand that the legal landscape can be daunting, and we want our clients to feel fully supported and understood. To this end, we’ve introduced new communication channels and client service initiatives aimed at enhancing our responsiveness and accessibility. Our aim is to make every client feel valued and prioritized, a commitment that we believe is fundamental to our practice.

Community Engagement and Pro Bono Efforts

Our responsibility extends beyond our immediate client base to the broader community. This month, we’ve laid the groundwork for our pro bono and community service initiatives for the year. We believe in the power of giving back and are committed to making a meaningful impact in our community through legal aid services, educational programs, and partnerships with local organizations.

Looking Ahead

While it’s only been a month into the year, the momentum we’ve built is encouraging. The challenges and opportunities that lie ahead are significant, but with our strategic planning, early achievements, and the dedication of our team, we are optimistic about what the year will bring. Our focus will remain on delivering exceptional legal services, fostering strong client relationships, and making a positive impact in our community.

January 2nd 2023 

Happy New Year 

Welcome to 2024! As we step into this year, my law firm, Josh and Mak International in Islamabad, is poised to embrace new challenges and opportunities. This year, we aspire to further cement our reputation as a leading legal practice, distinguished by our commitment to authentic legal research and unwavering dedication to client satisfaction.

Our focus remains steadfast on providing clear, effective communication, and delivering solutions that meet the highest standards of legal excellence.

In 2024, we are particularly excited to expand our areas of expertise, incorporating contemporary legal issues and technological advancements into our practice. This includes staying at the forefront of emerging legal fields such as cyber law, intellectual property rights in the digital age, and international trade law, ensuring that our clients receive the most current and comprehensive legal advice.

Moreover, we aim to enhance our client engagement and experience. This involves leveraging new technologies to improve our service delivery, making our interactions more efficient and accessible. We are also committed to nurturing the next generation of legal professionals, offering mentorship and training to young lawyers who join our team.

At Josh and Mak International, we believe in the power of community and ethical practice. This year, we plan to increase our pro bono work and community service, contributing positively to societal legal awareness and aiding those who may not have access to quality legal representation.

As we embark on this exciting journey in 2024, we invite you to join us, confident that together we can navigate the legal landscape with skill, integrity, and success.

December 12, 2023 

Of Echoes and Paradoxes revisited 

December 11, 2023 

Of Partnership with infinity & the need for compassion

In the face of life’s adversities, particularly those that strike the most vulnerable among us, it is an intrinsic human duty to act as agents of compassion and healing. The philosophy here is not passive but active; it calls for a proactive engagement in the alleviation of suffering through kindness and the sharing of wisdom. This approach advocates for a collective responsibility to bring light to the darkest of circumstances, emphasizing the power of unity and the impact of benevolent actions. In this collective endeavour, no one is isolated; the very act of reaching out and healing is what forges stronger bonds within our communities. Through concerted efforts rooted in empathy and understanding, we can contribute to the restoration of hope and the fostering of resilience.

December 10, 2023 

Is darkness just the absence of light?

In the realm of moral philosophy and legal ethics, the dichotomy between good and evil is often depicted as a battle, a conflict requiring the triumph of one over the other. However, an insightful perspective suggests that this dichotomy is, much like light and darkness, not a clash of two forces but rather the presence and absence of a single quality. In this view, darkness, symbolizing evil, is not an entity in itself but merely the absence of light, representing good. This metaphor extends to the belief that to dispel the ‘darkness’ in our world, one does not need to engage in battle but rather to introduce ‘light’ – to uncover and promote inherent goodness. For the legal mind, this represents a paradigm shift from combatting wrongdoing to fostering rightfulness, a significant pivot from the traditional adversarial approach to a more restorative justice perspective. It encourages a re-examination of legal principles and strategies, aiming to reveal and cultivate the underlying good within individuals and societies rather than merely suppressing the ‘evil’. This transformative approach has profound implications for legal theory and practice, suggesting a path towards a more harmonious and inherently just society.

December 8, 2023

In the silent sanctuary of solitude, one can find a profound strength that the chaos of the crowd often drowns. Like a hermit retreating into the heart of the forest, we too can embrace the solitude of our own minds to cultivate inner growth. In this quiet retreat, away from the world’s relentless pace, we discover that progress need not be a loud, public spectacle, but a serene, personal journey marked by subtle yet significant strides.There is true value of solitude in personal development. Sometimes stepping away from the hustle and bustle of the world allows us to grow in ways that might not be immediately visible to others, but are deeply transformative.

December 7, 2023 

In the intricate dance of life, it is not the loudest voice or the most forceful step that orchestrates the rhythm of progress, but the quiet whisper of wisdom and the subtle art of listening. In a world clamouring for attention, the true power lies in discerning what to heed and what to gently let pass by.And this is true, in many aspects.Knowing what to gently pass by.This thought reflects on the importance of wisdom and listening in a world that often prioritises noise and action. It’s a reminder that sometimes, the most impactful changes and decisions come from quiet contemplation and careful consideration of the voices around us. Sometimes we are better off waiting and watching carefully before taking any drastic actions and wasting our energy there.

November 19, 2023

“Taking that Pause….”

It has been exactly a month since I last wrote something here. I have been, what my doctor called ‘taking a pause’. And I have come to understood that taking a pause is pretty important no matter how busy you are and how hectic your work schedule is.More importantly I have learnt the importance of good sleep and eating habits.But this ‘taking a pause’ concept extends beyond mere self care.

Taking a pause in our fast-paced lives is an essential practice that offers numerous benefits, both mentally and physically. In today’s world, where constant activity and busyness are often glorified, the art of pausing can seem counterintuitive. However, it is precisely in these moments of stillness and reflection that we can find clarity, rejuvenation, and a deeper sense of purpose.I have learnt that a pause doesn’t necessarily mean a complete halt in our activities. It can be as simple as taking a few moments to breathe deeply, stepping away from our work for a short break, or even dedicating a day to rest and relaxation. The act of pausing allows us to disconnect from the external noise and pressures, enabling us to reconnect with our inner selves. This reconnection can lead to increased creativity, improved focus, and a greater capacity for empathy and understanding in our interactions with others.

Moreover, pausing can be a powerful tool in decision-making processes. In the midst of a hectic schedule, decisions can often be rushed or made based on immediate pressures rather than careful consideration. By taking a pause, we allow ourselves the space to consider different perspectives and outcomes, leading to more thoughtful and effective decisions.

Physiologically, taking a pause can reduce stress and its associated health risks. Stress is a common factor in numerous health issues, from heart disease to mental health disorders. By incorporating regular pauses into our routine, we give our bodies a chance to reset and our minds an opportunity to clear, reducing the overall impact of stress.

I guess the concept of taking a pause extends to various aspects of life. It can mean pausing to appreciate the small joys and wonders of daily life, pausing to listen actively to someone else, or even pausing to reflect on our life’s direction and our personal and professional goals.

October 12, 2023 

The True Measure of People’s Character: When Things Don’t Go Their Way

In the radiant tapestry of human interactions, it’s often said that the most revealing moments aren’t those of success and celebration, but rather the instances of adversity and disappointment. We tend to judge others by their best moments, their achievements, and their high points. However, as many of us have come to realise, you never truly know someone until things don’t go their way.

Consider for a moment the numerous relationships and acquaintances you’ve fostered over the years. Think of the times when everything was going smoothly. It’s easy to be generous, understanding, and patient when the seas are calm. But what happens when the waters turn turbulent?

Adversity, in all its unwelcome forms, acts as a magnifying glass on one’s character. The pressures of a challenging situation can cause some to fold, revealing impatience, frustration, or even hostility. In contrast, others might rise to the occasion, exuding grace, resilience, and empathy even when faced with setbacks. These reactions offer profound insights into one’s true nature, far more than any curated display of kindness or success ever could.

As I see it observing how others handle challenges can lead to a deeper appreciation of their strengths and vulnerabilities. It fosters empathy, reminding us that everyone is fighting their own battles, often hidden from view.

After all, you never truly know someone until things don’t go their way.

October 11, 2023 

The Truth About Stay Orders and Injunctions 

The thrill of obtaining a Stay Order or an Injunction on a property can often be exhilarating, especially if you’ve been embroiled in a contentious legal dispute. Many clients perceive these orders as a definitive sign of triumph, a legal seal of approval that their stance is unassailable. However, while Stay Orders and Injunctions are undoubtedly significant legal tools, it’s essential to understand that they are just one step in a broader legal journey.

At their core, Stay Orders and Injunctions are preventive measures. They aim to maintain the status quo and prevent any party from taking unilateral actions that might prejudice the other side. They are not judgments or verdicts on the merits of the case. Instead, they are temporary measures put in place until the court can hear the matter in full.

It’s crucial to view these orders in the right context. While they can certainly be indicative of a strong case, they are by no means a guarantee of final victory. They are procedural tools designed to ensure fairness and prevent irreparable harm.

After obtaining a Stay Order or Injunction, the substantive legal proceedings must still continue. Evidence needs to be presented, witnesses examined, and legal arguments made. The actual determination of rights and liabilities is a separate process, and the final judgment can often be very different from the interim relief granted.

Legal battles are not just about rights and wrongs; they also have financial implications. Prolonged litigation, even with a Stay Order in place, can lead to mounting legal fees, opportunity costs, and potential financial liabilities if the final judgment goes against you.

It’s also worth noting that interim orders can be challenged and overturned. The opposing counsel can present fresh arguments, provide new evidence, or appeal to a higher court. Thus, resting on the laurels of an interim order can be a risky strategy.

Finally,  legal disputes, especially those involving properties, can be emotionally draining. The uncertainty, the constant back-and-forth, and the high stakes involved can take a toll on one’s mental well-being. Viewing a Stay Order as the end of the road can lead to complacency and a lack of preparedness for the challenges that lie ahead.

In conclusion, while Stay Orders and Injunctions are undoubtedly milestones in a legal journey, they are not the destination. It’s essential for clients to temper their enthusiasm with a dose of realism and understand that the path to legal resolution is often long and winding. With the right perspective and the guidance of a competent legal counsel, one can navigate these challenges effectively and work towards a favourable outcome.

October 10, 2023

The Age of Legal Misinformation

I have had many less than pleasant exchanges with prospective litigants who claim they have seen a video on some law firm’s youtube channel or a post of Facebook which they swear is more authentic that the advice we are giving them.A client I remember some time back even claimed they had become legal experts in Stay Orders by watching so many youtube videos. The fate of their ill-advised Stay Order (filed by another lawyer obviously) has proven to be a cautionary tale for many such litigants.

In today’s digital age, legal information rather mis-information is more accessible in Pakistan than ever before. From DIY tutorials to intricate legal advice, the internet is teeming with a plethora of resources catering to every possible query. While this accessibility is undoubtedly a boon in many respects, it also presents a double-edged sword, especially when it comes to legal matters.

Only last week I crossed a lawyer confidently posting on facebook that that the Federal Shariat Court in a recent case had disallowed Khula without husband’s permission.And this so called lawyer was running a large facebook group for legal advice.I have almost lost faith in what the so-called citation cards advertised by law firms say about the actual principles enunciated in the case.Pakistani lawyers are pretty much guilty of spreading misinformation to people on many issues.At another time I saw a lawyer confidently boasting online that he has taken a property dispute to the consumer court.As logical would entail, there was no update to the matter as real estate matters are certainly not in the jurisdiction of the consumer court as goods or services.

I have noticed many Pakistani litigants in Pakistan and Abroad , in an attempt to save on legal fees, resort to seeking free advice from multiple attorneys, legal forums, and YouTube videos. While the intention behind this approach is understandable, it often leads to more harm than good.We run a small free advice on our own website too, and  while many beneficiaries of our advice are deserving people with limited funds, we have noticed that its mostly litigants asking for 3rd , 4th or 5th Opinions about an already pending case in a court.What becomes more apparent as we probe into the facts of the matter while interviewing such people is that they keep hiding material facts of the case.For example in asking for advice when their right of defence has been closed for good by the judge, they omit to mention that they took a lawyers advice to avoid court summons on purpose for a good sixth months.

Here’s why:

1. Legal matters are deeply personal and context-specific. What may apply in one case might not necessarily apply in another, even if they seem similar on the surface. Free advice forums and generic videos rarely delve deep into individual circumstances. By relying on such sources, litigants risk misinterpreting the advice and making ill-informed decisions.
2. Soliciting advice from multiple attorneys can lead to a barrage of contrasting opinions. Different lawyers have different approaches, and while diversity in perspective can be beneficial, it can also be confusing for someone unfamiliar with the legal landscape. This inconsistency can lead to indecision, errors in judgment, and ultimately, detrimental outcomes.
3. The law is ever-evolving, with statutes, regulations, and case laws constantly changing. Free advice platforms might not always be up-to-date with the latest legal developments. Relying on outdated information can lead to misguided actions and potential legal repercussions.I have witnessed a surprising number of lawyers online base their advice on outdated laws and cases.
4. One of the primary benefits of hiring a dedicated attorney is the sense of responsibility and commitment they bring to your case. Free advice, on the other hand, comes with no strings attached. If things go awry, there’s no one to hold accountable, leaving the litigant to bear the brunt of any adverse outcomes.
5.  The legal world is intricate, with multiple avenues and strategies available for different scenarios. A dedicated attorney, with a deep understanding of your case, can identify opportunities that might be overlooked when sourcing free advice. These missed opportunities can be pivotal in determining the outcome of a case.
6.  As mentioned above, not all sources of free legal advice are credible. With the proliferation of content on platforms like YouTube, there’s always a risk of stumbling upon misleading or downright false information. This misinformation can have serious legal consequences.

In conclusion, while the allure of free legal advice is undeniable, it’s essential to approach it with caution. Legal matters, with their potential for long-lasting consequences, warrant careful consideration and expert guidance. Investing in professional legal counsel you can actually hold accountable for the advice they give,  might seem like an added expense initially, but it’s a small price to pay for peace of mind and the assurance of informed, strategic decision-making.

October 9 2023 

Can frivolous litigants be deemed mentally ill?

It is about time, someone looked into this matter.  Firstly, it’s crucial to differentiate between legal terms and medical or psychological diagnoses. Terms such as “psychotic behaviour” are clinical in nature and pertain to specific symptoms and conditions that are diagnosed by mental health professionals. Using them loosely in a legal context could be misleading and may not accurately represent the individual’s mental state.

I know that feeling prosecuted, launching multiple frivolous claims or wanting to delay trials can be indicative of various motivations, not solely rooted in one’s mental health. For example, delaying trials could be a strategic move in certain cases, whereas feeling prosecuted might be a result of perceived injustice or other personal experiences. And I do understand that it’s essential to avoid overgeneralising or making assumptions without comprehensive evidence.

However in the legal realm, evidence-based arguments are paramount. Thus, if there are concerns about a litigant’s mental health or their intent in court proceedings based on their conduct, it would be best to gather evidence and consult with experts, such as forensic psychologists, to provide a well-informed perspective.In particular if a litigant seems unusually paranoid, or unreasonable in their claims, or keeps making frivolous submissions and claims the courts should have the absolute authority to order psychological evaluations of such a litigant’s mental state. Such evaluations can then inform the court’s decisions, ensuring that justice is served while also considering the well-being of all parties involved.

October 8 2023 

Diagnosing mental disorders like bipolar disorder or schizophrenia is a complex process that should be undertaken by qualified mental health professionals. However, as a lawyer, being able to identify potential signs of mental health issues in a client can be beneficial for ensuring they receive the appropriate support and representation. Here are some signs that might indicate a client may be experiencing bipolar disorder or schizophrenia, though they should not be used for diagnostic purposes:

Bipolar Disorder:

Mood Swings: Extreme mood swings from periods of emotional highs (mania or hypomania) to lows (depression).
Impulsivity: Engaging in risky behavior or having a lack of consideration for the consequences of actions.
Rapid Speech: Speaking very fast, jumping from one idea to another, having racing thoughts.
Increased Energy: Having an unusually high amount of energy, with decreased need for sleep.
Irritability or Agitation: Exhibiting an easily irritable or restless demeanor.

Schizophrenia:

Hallucinations: Experiencing sensory perceptions like hearing voices or seeing things that aren’t present.
Delusions: Holding false beliefs that are not based in reality, for example, believing that they are being persecuted without basis.
Disorganized Thinking or Speech: Difficulty concentrating, following a conversation, or organizing thoughts.
Flat Affect: Showing a lack of emotional expression or reacting inappropriately to situations.
Social Withdrawal: Preferring to be alone and avoiding social interactions.

It’s always advisable to approach this topic with sensitivity and without jumping to conclusions. We never know the other persons journey or traumas and we need to respect their current state of mind.

October 7 2023

Mandela Effect

October 6 2023

Onsets, Splitting, Neuro-divergence and Dissociation 

October 5 2023 

Repression of Memory as a survival mechanism?

October 4 2023 

October 3 2023 

Misapplication of PECA 2016: Legal Paradoxes Unveiled

The Prevention of Electronic Crimes Act (PECA) 2016, a legislation aimed at combating cybercrimes in Pakistan, has often been the subject of controversy. Not because of what it aims to achieve, but because of how it has been applied—or rather, misapplied. This post seeks to explore the legal paradoxes that arise from the continuous misapplication of PECA 2016.

The Paradox of Section 10

Section 10 of PECA pertains to cyber terrorism and is supposed to be applied in conjunction with Sections 6, 7, 8, and 9. In many cases a person is charged by Section 10 but not under Sections 6, 7, 8, or 9, creating a legal conundrum. How can one be charged with cyber terrorism without first being charged with the offences that define the scope of cyber terrorism?

Stretching the Boundaries of Section 11

Section 11 of PECA is another point of contention. It pertains to interfaith, sectarian, or racial hatred but has been used to charge individuals for critique against state institutions. Many FIRs lodged under this section seem to miss the elemental understanding that critique of state institutions does not equate to hate speech. This misuse presents another paradox: how can a law designed to prevent hate speech be used to stifle legitimate criticism?

The Federal Investigation Agency (FIA) has often added sections of the Pakistan Penal Code (PPC) to FIRs lodged under PECA, as is evident from the addition of Section 109 of the PPC in similar cases. This practice brings into play a paradox relating to jurisdiction. According to 2016 SCMR 447, the FIA has been barred from investigating and charging private individuals for certain offences, thus creating a conflict of jurisdiction between local police and FIA. This conflicting jurisdiction creates an environment where the law can be manipulated to suit certain ends, thereby undermining its very purpose.

In the past Several cases, including FIR No. 15/2017 against Anwar Adil Tanoli, FIR No. 31/2018 against Hayat Preghal, and FIR No. 06/2019 against journalist Shahzeb Jillani, among others, have shown similar trends of misapplication. These cases further deepen the legal paradoxes and call into question the intent and effectiveness of PECA as a legislative tool for combating electronic crimes.

These legal paradoxes not only undermine the very essence of PECA but also raise questions about the intent behind its enforcement. If the application of the law itself becomes a paradox, it threatens the integrity of the legal system and undermines citizens’ confidence in the rule of law. Therefore, there is an urgent need for the legal community and policymakers to address these issues to ensure that laws like PECA are applied judiciously and in accordance with their intended purpose.

The legal paradoxes surrounding the application of PECA 2016 are not just academic discussions; they have real-world implications that affect individuals’ lives and freedoms. It’s time for a comprehensive review to ensure that the law serves its intended purpose without becoming an instrument for abuse or misapplication.

October 2 2023 

Mental Health Legislation in Pakistan

Mental health legislation in Pakistan is an area fraught with complexities and paradoxes, many of which stem from the tension between modern medical understanding, legal frameworks, and cultural beliefs.

1.  One of the biggest challenges in mental health legislation is the prevailing societal stigma associated with mental illness. Laws may aim to protect and treat individuals with mental health conditions, but the cultural stigmas often deter people from seeking help, thereby rendering the laws ineffective to some extent.
2. There is often a paradoxical tension between safeguarding an individual’s civil liberties and ensuring their safety or the safety of others. For example, involuntary commitment of individuals for psychiatric treatment can be life-saving in some instances but can also be seen as an infringement on personal freedoms.
3.  In the legal system, determining the criminal responsibility of individuals with mental health conditions presents a paradox. On one hand, the law needs to ensure that justice is served; on the other, it has to take into account the diminished culpability of individuals who commit crimes while suffering from a mental illness.
4.  The medical community and the legal system often have different criteria for diagnosing and understanding mental illness. This discrepancy can lead to paradoxical situations where an individual may be considered ill by medical standards but not eligible for protections under mental health legislation.
5.  Many of Pakistan’s mental health laws and treatments are modelled after Western norms and practices, which may not always be directly applicable or culturally sensitive. This creates a paradox where global standards may conflict with local beliefs and practices, complicating the implementation of effective mental health care.
6.  While legislation may exist to provide access to mental health services, the quality and availability of these services can be highly variable. This creates a paradox where the law mandates access to care, but the healthcare system is not adequately equipped to provide it.
7.  In Pakistani society, family often plays a significant role in the care and decision-making process for individuals with mental illness. Laws that focus solely on the individual may not be entirely effective in a culture where familial involvement is the norm, and yet, overreliance on families can sometimes lead to abuse or neglect.
8.  Mental health professionals often face a paradox when it comes to patient confidentiality. While they are generally required to maintain confidentiality, they also have a “duty to warn” if they believe the patient poses a danger to themselves or others, which can contradict the principle of patient-doctor confidentiality.

October 1 2023

September 13 , 2023 

September 12, 2023 

September 11, 2023

“Next Steps” v. “Let the Events Develop”

In law practice a common phrase we often hear is “next steps.” It’s a term that signifies progress and forward motion, and it certainly has its place in our work. However, at times, it might be beneficial to take a step back and consider a slightly different approach: “letting the events develop.”

What does this mean, exactly? It’s all about striking a balance between action and patience. Instead of rushing headlong into the next course of action, it’s about giving room for circumstances to unfold naturally and strategically.

As I see it and keep conveying it to my current and prospective clients, every case is unique, and each situation comes with its own set of variables. What works as a rapid response in one case might not be suitable for another. That’s where “letting the events develop” shines. It’s about recognizing that not all answers are immediate and not all actions should be hurried.

“Let the events develop” allows us a number of advantages:

1. By stepping back and allowing events to unfold, you gain valuable time for observation. You can assess changing dynamics, gather additional information, and truly understand the nuances of your case. This deeper insight can lead to more informed decisions.
2. “Letting the events develop” is a strategic move. It means you’re not simply reacting but actively strategizing. You’re waiting for the right moment to take action, aligning it with your goals.
3.  The legal landscape is dynamic. By embracing patience and adaptability, you’re better prepared to adjust your course of action as needed. This ensures that your legal strategy remains flexible and effective.
4. Clients appreciate an approach that prioritizes their best interests over haste. When you advise them to “let the events develop,” you convey a sense of care and diligence in handling their case.

Remember, this isn’t about procrastination or inaction. It’s about making conscious choices, acknowledging that the timing of actions matters, and ensuring that every step you take aligns with your client’s goals.

So, the next time you find yourself considering the “next steps” in a legal matter, take a moment to reflect. Is it the right time to let events develop instead?

September 8, 2023

As a child I saw in horror when the case of Javed Iqbal the serial killer came out in the 90’s.The main had murdered 100 young boys.The whole scenario revealed several legal gaps and challenges in the investigation of criminal matters in Pakistan. One significant gap was the delay in detecting and reporting the crimes committed by Javed Iqbal. Despite his gruesome actions, it took some time for authorities to become aware of his activities. This delay raises questions about the effectiveness of law enforcement agencies in promptly identifying and responding to criminal activities.

BPD 

Bipolar disorder is a complex mental health condition that affects millions of people worldwide. Individuals grappling with bipolar disorder often face a range of challenges that extend beyond their emotional and psychological well-being. It is true that individuals with bipolar disorder may face certain health challenges that can potentially affect their life expectancy. Research has shown that people with bipolar disorder may be at a slightly increased risk of certain medical conditions, such as cardiovascular diseases, diabetes, and obesity. These factors can contribute to a somewhat shorter lifespan compared to the general population. However, it’s essential to emphasize that advances in mental health care and medical treatment have improved the overall well-being and life expectancy of individuals with bipolar disorder.

The cognitive effects of bipolar disorder are a topic of ongoing research. Some individuals with bipolar disorder may experience cognitive difficulties, including problems with memory and concentration, during manic or depressive episodes. These cognitive impairments can impact daily functioning and contribute to challenges in work or academic settings. It’s important to note that cognitive symptoms often improve when individuals with bipolar disorder receive appropriate treatment and support.

Substance abuse is a concern that frequently co-occurs with bipolar disorder. Some individuals may turn to drugs or alcohol as a way to cope with the emotional highs and lows of the disorder. This self-medication can exacerbate the symptoms of bipolar disorder and lead to a cycle of addiction and mental health struggles. Recognizing the link between substance abuse and bipolar disorder is crucial for providing comprehensive treatment and support.

One of the most challenging aspects of bipolar disorder is how it can strain relationships. During manic or depressive episodes, individuals with bipolar disorder may exhibit erratic behavior, impulsivity, or paranoia. The belief that family and friends are enemies can stem from distorted thinking patterns during these episodes. This can be deeply distressing for both the individual and their loved ones.Recognizing the importance of early intervention, access to mental health care, and fostering a supportive community are essential steps in improving the lives of those affected by bipolar disorder.

September 6, 2023

Epstein.

For years, the world has been captivated by the harrowing and perplexing case of Jeffrey Epstein, a financier and convicted sex offender. His life and the allegations surrounding him have generated numerous questions, not just about his actions but also about the legal aspects of his case. As I watched the Jeffrey Epstein documentary on Netflix, I found myself pondering a number of legal questions that underscore the complexities of this scandal.

One of the most controversial aspects of the Epstein case is his plea deal in 2008. He faced federal charges for sex trafficking of minors but ultimately entered into a plea agreement that allowed him to plead guilty to two state prostitution charges, serving only 13 months in jail. The first legal question that arises is how Epstein managed to secure such a lenient plea deal. What factors influenced this decision, and did it constitute an injustice to his victims?

Secondly, Epstein’s death in 2019 in a Manhattan jail cell raised concerns about whether justice was served. His apparent suicide brought up the legal question of double jeopardy. Could he be tried again for the same crimes at the federal level, considering he had already been prosecuted at the state level? This aspect of the case raises complex constitutional and legal issues.

Thirdly, the documentary delves into the web of individuals associated with Epstein, including Ghislaine Maxwell. Legal questions emerge about potential co-conspirators and their liability. Were there others who should be held accountable for the alleged crimes? If so, what charges might they face, and what legal obstacles might prosecutors encounter in pursuing them?

Fourthly, Epstein’s death left many survivors seeking justice and compensation. The legal system offers avenues for survivors to pursue civil suits against Epstein’s estate. These cases raise questions about the ability of survivors to obtain compensation and hold Epstein accountable posthumously. How will the legal system address these claims fairly and efficiently?

The handling of Epstein’s case by various prosecutors and law enforcement agencies prompts questions about accountability within the legal system. Did Epstein’s wealth and connections influence the actions of those responsible for investigating and prosecuting him? What steps should be taken to ensure that justice is blind and equal for all, regardless of one’s social or economic status?

So in the end it seems true, the wealthy and influential get away with gross breaches of the law.In the cases of Ghislane and Jeffery however the law did catch up with the eventually.But this would be in countries like USA and Europe. In Pakistan, criminals have gotten away with far worse and without accountability.

September 5, 2023 

That white streak of hair though…

In the hustle and bustle of our daily lives, it’s easy to overlook the subtle changes that shape our existence. Today, as I glanced in the mirror and noticed a whole white streak of hair across my forehead, it served as a poignant reminder of the passage of time and the ever-evolving world around us.

In this fast-paced age, I couldn’t help but reflect on the life my late mother lived during my upbringing. The juggling act between work, raising children, and the constant battle with insomnia was a familiar narrative. The challenges of those times were not to be underestimated, especially in the absence of today’s conveniences.

Back in the 90s, remote work was a distant dream. People commuted to physical offices, enduring the daily grind of traffic and rigid schedules. The advent of the internet and technology has revolutionized the way we work and communicate. In this new era, we find ourselves engaging in online interactions that transcend geographical boundaries. It’s a profound shift that has reshaped our professional and personal lives.

One of the most striking advancements has been the rise of Artificial Intelligence (AI). This cutting-edge technology has not only automated numerous tasks but has also given us instantaneous means of communication. Gone are the days of waiting for letters to arrive or booking international calls in advance. With the touch of a button, we can connect with anyone, anywhere in the world.

Another noteworthy development is the emergence of electronic signatures. These digital counterparts to traditional pen-and-paper signatures have streamlined countless processes, from signing contracts to approving documents. It’s a testament to how technology has made our lives more efficient and convenient.

However, as our world becomes increasingly interconnected and digitized, it brings about significant changes in the realm of law and legal proceedings. One area where these changes are particularly pronounced is the rules governing admissible evidence.

In the past, the admissibility of evidence hinged on physical documentation and eyewitness accounts. Today, with the prevalence of digital records and surveillance technology, the landscape is shifting. Courts now grapple with the intricacies of electronically stored information, social media posts, and even virtual reality simulations.

Yet, as technology advances, so does the challenge of ensuring the integrity of evidence. A new breed of technology experts has emerged, adept at tampering with digital records and manipulating data. This poses a unique dilemma for the legal system, as it must adapt to combat new forms of deception and fraud.

For every innovation, there seems to be an anti-innovation—a countermeasure designed to exploit the very technology that seeks to bring transparency and accuracy. It’s a constant tug-of-war between progress and resistance, a dynamic that keeps the legal profession on its toes.

In conclusion, as I contemplate the white streak of hair on my forehead, I am reminded not only of the passage of time but also of the remarkable transformations that have occurred. We have entered an era of unprecedented connectivity and convenience, thanks to AI, instantaneous communication, and electronic signatures.

Yet, as technology reshapes the legal landscape and the rules of admissible evidence, it also presents new challenges in maintaining the authenticity of information. In this ever-evolving world, one thing is certain: the pursuit of truth and justice will continue to adapt to the changing times.

September 4, 2023

September 3, 2023 

September 1, 2023 :

Making the effort and a few words on human stupidity 

I’ve been eagerly anticipating this moment for quite some time. Amid the whirlwind of work, parenting, and life’s countless demands, carving out a space for my blog has been a long-awaited endeavor. So, here it is—a journal of observations, musings, and a glimpse into my diverse interests. Within these digital paragraphs, you’ll find my fascination with A.I., the intricacies of crime and forensics, the profound impact of mental illness on human decision-making, and my broader perspectives on life. As a lawyer navigating the complexities of the current era, I’ll also delve into the intricate rabbit holes and mysteries of law that I continue to explore.

For starters dive into a topic that never ceases to amaze me—the quintessential human trait: Stupidity. It’s a trait that should never be underestimated.

When we talk about human traits, intelligence often takes center stage, and rightfully so. Intelligence is the engine behind progress, innovation, and understanding. However, nestled in the shadow of intelligence lies its enigmatic counterpart—stupidity.

Stupidity, in all its forms, is a fascinating subject. It’s the invisible force that can turn rational decisions into bewildering blunders. It’s the unseen hand that sometimes guides us toward choices that defy logic and reason.

Throughout my career as a lawyer, I’ve had my fair share of encounters with the bewildering manifestations of human stupidity. Legal disputes and cases often provide a front-row seat to the consequences of poor judgment, impulsive decisions, and a lack of foresight.

But let’s not be too quick to condemn stupidity. It’s not always a result of intellectual deficiency. In fact, it can manifest in the most unexpected places, even among those who possess considerable intelligence. Stupidity can arise from biases, emotional reactions, or simply a momentary lapse in judgment.

To understand this we need to appreciate the complexity of human decision-making. It’s not just about logic and evidence; it’s also about emotions, biases, and the interplay of various factors that can lead to unexpected outcomes.