Daily Times

Varying theoretical definitions offer a unanimous view on the importance of the Justice system for a state. The justice system is a pillar which strengthens the roof of the state built with the legal stuff provided by the constitution.

The ability of the state to treat all citizens with equality entirely depends upon the fairness and impartiality of all institutions responsible for moving the wheel of Justice. The absence of fairness, equality and accountability in other words reflects the prevalence of injustice. Martin Luther King Junior was splendidly accurate in describing this very aspect by saying “Injustice anywhere is a threat to Justice everywhere. We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly, affects all indirectly.”

What matters the most for a human being in life? It is his own life, the family and honour for most of the people. The state should ideally be standing at the back of its citizens as a guardian to cover up their social vulnerabilities.

The long premise is directly related to the widening holes in the prevailing system. This impression is strengthened that influential segments of society are capable enough to evade accountability. They do it blatantly with no regret and sign of shame. How the killer of young Shahzeb Khan managed to evade capital punishment is enough to spot the rusty parts of faulty machinery. The case lingered on for more than a decade. Star advocates fetched the precious time for the two accused.

How the killer of young Shahzeb Khan managed to evade capital punishment is enough to spot the rusty parts of faulty machinery.

The death penalty was muted amid a mutually agreed pardon deal. Legally, the case was perfectly ironed out. However, public opinion is based on something else. It is not hard to assess the intensive media reporting about the meaningful presence of the accused in a private hospital as well. Leading papers in Pakistan reported, “As the prime accused belonged to powerful feudal families of Sindh, the incident had triggered a nationwide debate over whether the country’s elite could be held accountable for crimes they committed”.

Fast forward to; the tragic death of poor traffic sergeant Haji Attaullah in an accident on a busy road in Quetta was another black spot on the system. The accused who happened to be a provincial legislator at that time and a member of an influential clan managed to settle the case. Hue and crayon media platforms could only stir short-lived vibes.

These cases, despite being thoroughly sealed off legally, continue to damage the already fragile state of human rights in the country. The question arises of how effectively the legal patchwork can cover up the moral holes in the torn fabric of the investigation and the Justice system.

We must appreciate the wisdom of Plato who said: “The worst form of injustice is pretended justice”.It is time to introspect as the deterioration seems worsening on many accounts. A recent press conference by a common citizen Rafaqat Ali is a charge sheet against the system. Two years back, his son namely Shakeel Tanoli along with a friend Husnain, were crushed to death by an overspeeding luxury vehicle in Islamabad. Prime accused, the female driver escaped the site by leaving the SUV at the incident site without caring about the rescue or first aid of the victims.

Ironically, the accused has not yet been brought to Justice. The investigation is not as flawless as usual. This simply means that the state is unable to stand at the back of the grieved Rafaqat. The worst part of the story is more shocking and painful.

As per Rafaqat’s complaint, influential kins of the prime accused have harassed him for an out-of-the-court settlement of the case. No words can express the agony of Rafaqat and his family. They have lost a young son which mattered the most for them. Now they are facing blatant harassment instead of fair and swift justice.

During a press conference, helpless Rafaqat warned of committing suicide by burning himself alive. At this stage, certain questions merit clear responses. One, How state can make the influential elite accountable?

Two, What is the legal validity of pardon or settlement under pressure or harassment?

Three, how would the state settle the grievance of Rafaqat against the influential hands hindering the just conclusion of the case? As the saying goes “The dead cannot cry out for Justice. It is a duty of the living to do so for them”. Rafaqat is alive and raised a voice for his dead son. The state should act in favour of the grieved. It would be ironic if a grieved father would burn himself alive to seek justice for a dead son. We should not forget “The Dead can’t Cry out for Justice…”.

The writer is a graduate of QAU, PhD scholar and a freelance writer and can be reached at fa7263125@gmail.com