an introduction :
This incident occurred in 1996/1997, at a time when newspapers were not able to publish this article, and the keenness to publish it now comes as a reminder of the importance of differentiating between a military state and a civil state, between totalitarianism and democracy, between chaos and the rule of law, and between a politicized judiciary and an independent judiciary. No matter how much suffering and obstruction the transition to a civil and democratic state may experience, we must be patient and bear the suffering of the transition.
Then to remind that building a state of law must begin with rebuilding and ensuring the independence of justice agencies, and that this construction must be based on foundations and principles based on justice, and justice means that we do not restore bitterness, by replacing injustice with injustice and tyranny with tyranny, otherwise the construction will lose its foundation and credibility and collapse on us All of us, therefore, the judge of “Kaileh al-Mujahid” and his ilk have the right to benefit from the ruling of the Special Appeals Chamber for the decisions of the Dismantling Committee, and we have the right to remind them that we have not forgotten their actions and we will demand that they be held accountable, but with the tools of the rule of law.
Mercy and forgiveness for those who passed away from the victims of the incident and salute to the living, for all of them struggled for the sun to rise for the rule of law that we all aspire to.
Abdul Qadir Muhammad Ahmad
It has become a given that the means of military regimes to protect themselves and consolidate their pillars is to rob us of rights and freedoms and to stifle the rule of law. On the other hand, we find democratic regimes protect themselves through democratic institutions and the codification and protection of rights and freedoms.
Since the judiciary is the mechanism for implementing the rule of law, totalitarian regimes resort to storming the independence of the judiciary, so it was not surprising that the dawn of the thirtieth of June 1989 dawned on us, and the decisions of the public interest slandered, the best judges in behavior and performance, and that some judges are selected on the basis of It has nothing to do with the requirements of the profession, so the judiciary will eventually become a servile subservient and obedient servant of the executive authority and its whims.
However, whatever the extent of what can be said in this regard, experiences say that our judges have preserved for themselves a degree of independence with which they are provided with rights and freedoms, and that this is limited to issues that do not affect political security in its authoritarian military concept, but that in itself achieves Something of security and social peace that protects people from the life of the jungle.
For this reason, it has been established in the minds of people, and they are right, that the judiciary is the refuge, the refuge, and the last line of defense, with its collapse, all values collapse and chaos prevails.
Nawa is one of the villages of Dongola governorate in the northern state, which belongs to the old Dongola locality. Its location on the eastern bank of the Nile gave it elegance and beauty, in addition to the golden sand dunes and green palm trees that permeate the houses. Like all the villages and cities of the northern state, it is characterized by meekness and security. generosity, and they, by the nature of their psychological constitution, hate injustice, corruption and nepotism, and refrain from supporting regimes that are nourished by these bad qualities.
The poet and diplomat, Mr. Syed Ahmed Al-Hardlo, was a bara in his village of Nawa and its people, in which he composed verses of poetry, excerpted from:
Nawa is a beauty that cannot be said.. Nawa is a carnival garden
My life is allowed for a lunar moment in the hills
In the drains closed behind the sheep
In the feathers of a dubette, swimming over the sand dunes
My heart is there hanging in a palm tree at the demise
When I run with the driver, jumping over the ropes
Nawa.. my arteries are the fields of hawk with yellow grains
In the (Latty) basin, how much we ran, how much we loved an uncle
God.. how much I dipped my breath in the call of the north
And the singing of a minaret that breaks the silence is drowned out by Ibtihal
Nawa.. the land of the green goodness in Bab Al Shamal
The glories of my land told me how to divide the struggle.
We return to the details of the real fictional incident. As soon as the people of the region finished harvesting the date crop for this year, the old Dongola locality salivated, but how to get there and the people fulfilled their obligations towards taxes, zakat and others, finally the mind of the local came to a conclusion and decided to collect part of that crop in the name of (Kila). Mujahid), and in the court adjacent to the locality building, its judge sat on the judiciary chair, and before he started his work, the local orders came to him to move. Mujahid).
I do not know what was the matter of those villages, but when the campaign arrived in Nawa, it took with it a group of misguided boys as guides. This is one mobile and from that two or four, according to the ruling of whims and moods, and they chant everything for God.
The citizen, Abdullah Shaigi, fenced his house in his absence and took four mobile phones. When he returned to his house and found traces of robbery and looting, he was unable to file a complaint against the perpetrators, because that was done by order of the judge and in his presence.!
Citizen Zina Fakir Ibrahim broke into her house and took a mobile phone in its condition from a group of two mobile phones that she saved for the general sustenance.
Citizen Abdul Warith Muhammad Ahmad, the campaign headed by Maulana went to his house and they entered into a dialogue with him, and from the other side of the house some boys walled up the wall and took a mobile phone and left, and when he learned what happened he joined the campaign and with all courage he tried to exercise his right to defend his money, so they arrested him and released him only after That they came home and took another mobile because everything is for God.
Citizen Fatima Khairy was surprised and denounced entering her house without permission, so the boys asked her to be silent because (Our Lord the judge is with us), it was only if she responded with courage and in front of Maulana (Mawlana, what does he enter people’s homes in this way).!
The citizen Jaafar Khader (Nawa Bahri) called the campaign and told them that the people of his village would not remain silent over what was happening and would defend themselves and their money, whatever the cost.
After this is a few of many, and I really find an excuse for the officials in the old Dongola locality, if the mother country has fenced off homes and taken lives, and examples are many, so homes are built for the purpose of taking money is easy, but what about the judge responsible for spreading security and tranquility in people and separating them With justice, he does not mind participating in actions that he knows are a clear violation of the criminal law and the most basic rules of religion and morals.!
Perhaps it is a laughable and weeping irony that throughout its history the Northern State has not witnessed a crime of home robbery or armed robbery, so the crime is committed by the authorities responsible for maintaining security, headed by the judge entrusted with trying its perpetrators.
I return to the introduction to the article and say that if the political security requirements of the military regimes necessitate the confiscation of rights and freedoms, the tying of the rule of law and the storming of the independence of the judiciary, then this may be, but for a limited period, because oppression and tyranny will inevitably push people to devise solutions to defend themselves and their money.
Redressing the matter will not be only by holding the judge or officials in the old Dongola locality accountable, but within the framework of a comprehensive solution that restores the liberated rights and liberties, secures the rule of law, the independence of the judiciary, and restores all institutions of democratic governance.
Abdul Qadir Muhammad Ahmad