شناسه مطلب صحیفه
نمایش نسخه چاپی

Speech [Necessity for legal confrontation with errant judges]

Husayniyyah Jamaran Tehran,
Necessity for legal confrontation with errant judges
members of the follow-up committee of the Directives of the Imam namely: Sayyid `Abdul-Karim Mousawi Ardabili (State Prosecutor General), Mir Husayn Mousawi (Prime Minister), Imami Kashani (Head of the Administrative Justice Court), Muhaqqiq Damad (Head of the State Inspectorate Organization), Aqazadeh (Minister without portfolio of executive affairs)
جلد ۱۷ صحیفه امام خمینی (ره)، از صفحه ۱۸۱ تا صفحه ۱۸۳
In the Name of God, the Compassionate, the Merciful

The necessity for legal confrontation with errant judges

I must mention to the gentlemen that the task you are performing, which is looking into the affairs of the offenders, whether at the court and magistrate and such levels or at the level of administrative offices and ministries, it is a task that now has legal mandate and must be performed with sincerity and decisiveness. We cannot see a country, which claims to be an Islamic Republic and the judge who has a religious mandate, sets a city on fire and we remain silent; or for instance, a prosecutor that has in some places done something illegal, yet we should sit down and keep quiet. From now on, silence has absolutely no meaning. The officials must establish a trial to look into the affairs of the errant; the errant judges and other people who have wronged wherever they are; the offenders after their offense has been established, those responsible must be immediately and necessarily be replaced within three days. If they, too, are negligent in this matter without a valid reason and refrain from doing this job, then you men yourself- the committee that is for investigation and is empowered to appoint- must independently make an appointment and there must absolutely be no negligence in any affair. Although on the other side also, with total care for all aspects of the issue so that God forbid, no injustice is done to any person. However, we must now lighten and eliminate this burden of injustice that now happens at times throughout the country to individuals. I now announce that should individuals because of their corrupt intentions wish to stir up trouble and make telephone calls to this side and that side and it becomes evident that they themselves are acting against the religious edicts and want to work against Islam; I shall announce to the nation that whoever acts in this manner must be dismissed. In no place where a man of justice must be, present and they do not accept him and inform that he should be penalized because he wants to enforce Islam. For undertaking a task, which removes injustice from the people; then if some person says that we shall create an atmosphere against him or some person says that they will not undertake that task- this must not be done. This means that the task of Islam must not be accomplished and the thinking of this person is the highest degree of wrongdoing and he must be dismissed; further on, it is possible that suddenly some other things happen. No person has the right throughout the country; no religious magistrate has the right to resign without reason and create a negative atmosphere. If he creates a negative atmosphere, it is evident that he himself is to be probed and he himself must be interrogated. If he truly does not regard himself to be competent, he must confess to it that he is incompetent and does not want to judge. After he has been dismissed, immediately and within three days, he must be replaced by another prosecutor or magistrate and so forth.
In any case, what you are doing; the committee that has been created for this purpose and wants to accomplish a task, it is not permitted that they be negligent in the same way that they also God willing do not engage in excesses. It is for both sides of the issue and the matter is not one of being negligent and being funny. If at any place we see negligence from a person, we shall interrogate him. If an official- whoever he may be- wants to create a negative atmosphere; wishes to deviate from these matters, this is a deviation from the commandments of Islam; and if he is an official who is a respected judge, he is automatically dismissed; and if he is not a worthy judge, the organizational machinery and the authorities must dismiss him. If they do not dismiss him, then this committee is again permitted to replace them. In any case, the matter is an important one and the matter is one of honor of Islam. The honor of the Islamic Republic and it is not a joke that a person should commit so many crimes in a city and that some other person comes to his rescue and helps the criminal. This must not be done. They themselves should refrain from these actions; otherwise, they shall be prosecuted. I pray that you are successful and that you accomplish the tasks with sincerity. Create local committees and courts that are taken seriously and are proper; or establish courts in surrounding regions to solve these issues and to attend to them. If a person has a complainant, they should summon him- whoever he may be- and they see that there is a complaint on correct basis, they must summon him and prosecute him. If he is innocent, well they should go their way and if he is guilty, he must be given the punishment based on religious edicts- the defined limits, retribution and so forth. Because some of them have retribution as the punishment limit, the people must seek retribution from them while some of them have fines- the majority of them have religious fines- they must fine those persons that have committed them, and there must be absolutely no deviation from this affair. Any person that creates negative atmosphere does so to his own detriment and we shall announce him to the people. If some person wants to create a negative atmosphere so that Islam is rendered ineffective to perform its task, this is worse than what the hypocrites are doing because they are not creating a negative atmosphere against Islam whereas you want to create a negative atmosphere against the commandments of Islam- and you too shall become a part of them.
May God's peace, mercy and blessings be upon you.


امام خمینی (ره)؛ 07 دی 1361

جمله طلایی

فراز طلایی

دیدگاه ها

نظر دهید

اولین دیدگاه را به نام خود ثبت کنید: