A Standing Joke

Author: Bina Shahid

Absolutely shameful how lawless Pakistan has become and how Courts orders are being violated endlessly. Female political prisoners in Pakistan continue to have their fundamental rights violated. The Pakistani women have shown utmost courage, resilience, grit & resolve in the times when myriad of cases ushered to humiliate them despite the fact they had nothing to do with it, except for determining the democratic right of association with a political party.

Former first lady, Bushra Bibi, was acquitted in the Iddat case by a session’s court when the complainant failed to prove his most dishonorable case against the appellants. However, their relief was short-lived as the National Accountability Bureau (NAB) rearrested Bushra Bibi, on charges related to the sale of state gifts after barely being released from Adiala Jail. Dr. Yasmin Rashid, Aliya Hamza, and Sanam Javed have been in prison for almost a year now in connection with multiple cases. At one time the prosecutor was on holiday, multiple times the investigator said he did not bring the evidentiary record, another time the judge was on leave, after one court approved the bail pleas, in a ridicule to that the police of another city already pulled sleeves for rearrest. The families claim no evidence related to the riots of creating a law and order disturbance has been presented in the courts.

The coxswain must now desist from making a mockery of the judiciary.

Let’s remind the state that, under Section 167 of the Criminal Procedure Code, women cannot be remanded into state custody except in cases of serious crimes. Let’s further remind the state that the offense of intentional murder is punishable U/S 302PPC and falls within the prohibitory clause of Section 497(1) of the CrPC, 1898 but being a woman, as held in the Tahira Batool case, makes the power of the court to grant bail. The impugned order passed by Mr. Justice Mansoor Ali Shah and Mrs Justice Ayesha A Malik, that bail is to be granted as a settled rule in cases of women accused, irrespective of the category of the offense.

We have little idea what goes on except from what we hear from our media and lawyers. Maybe the idea is to prevent bail, prevent them from coming out, so the fear, the shock awe are sustained.

Notwithstanding that little has been achieved reflecting the presentation and visual communication of these gentlewomen testifies that might is not always right.

It is observed with alarm that such treatment has, historically, been meted out to political workers of parties that fell out of priority with state institutions. This cycle must end now.

Perhaps, why so adamant about making it a standing joke for today and the rest of the time? However, if this can happen to a high-profile detainee, then imagine what a common man with little resources must be going through.

The coxswain must now desist from making a mockery of the judiciary. The rule of law relies on fair and consistent adherence, execution of the court orders, and protection of the people’s rights. In navigating these legal waters, we must strike a balance.

The courtroom is not a theatre of a standup comedy; it’s where justice triumphs.

The May 9 saga has indeed gone beyond the bounds of execution of the law. This much is evident from the state of the women who are still rearrested, put to shame and tortured in prison, separated from their children and families, with over a year already gone by. Let’s hope that our legal system will continue to evolve with wisdom, enforceability, and integrity.

The writer is an advocate High Court and a social activist. She posts on LinkedIn @Bina Shahid, X: @faraz_bina and can be reached at binashahid21@gmail.com

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