The fact that many of the founding fathers of Pakistan all had legal backgrounds suggests that respect for law must be well rooted in the country. Furthermore, justice is the basis of all Islamic teachings. This is expected to be acknowledged in a Muslim society. A society cannot survive in the absence of an appropriate, free and impartial justice system. Peace, prosperity and development will remain absent from a country which cannot provide its people with justice. Unfortunately, Pakistan fell under the influence of the feudal class right after the death of Quaid-e-Azam Muhammad Ali Jinnah.
The political elite sponsored by this feudal class hijacked the economic and socio-political system. In Pakistan, about 5000 landowning families monopolized the law and used bribery and nepotism to cement their elevated status in the name of ‘democracy’. Regrettably, feudal stratums have their roots in bureaucracy and the military in order to safeguard their prestige. One cannot even file a police report in their constituencies without their consent.
The feudal class runs its own parallel courts, codes, prisons and social structure. They exploit the masses through the platforms of Panchayats and Jirgas where they encourage barbaric penalties like Karo-kari, Vani and forced marriages. The intention behind this criminal behaviour is the maintenance of the status quo. They use their influence to overwhelm state law and as a result most of their transgressions against humanity go unreported.
In Pakistan, the law only applies to the poverty-stricken masses. The elite pose as law abiding citizens, but the law doesn’t really apply to them. Their progeny learn this while growing up. Mustafa Kanju, son of former Minister of State for Foreign Affairs Siddique Khan Kanju shot 16-year-old Zain over a fender-bender in 2015. The bodyguard of Abdul Qadir Gillani, son of former Prime Minister Yousaf Raza Gillani killed twenty four year old Malik Tahir in Lahore during a road rage incident. Ali Imran, son in law of Punjab Chief Minister Shahbaz Sharif, beat a baker in Lahore over a minor disagreement. Shahrukh Jatoi, son of Sikandar Jatoi (a celebrated feudal) murdered Shahzeb Khan in 2013 because he did not let Jatoi harass his sister. Finally, Nawaz Sharif, the former Prime Minister himself crushed a nine year old under his convoy in Lala Musa while campaigning. These are just a few examples of the feudal and political elite of Pakistan getting away with all sorts of heinous crimes.
Feudal landlords run their own parallel courts, codes, and prisons. They exploit the masses through the platforms of panchayats and jirgas where they encourage barbaric penalties like Karo-kari, Vani and forced marriages. The intention behind this criminal behaviour is the maintenance of the status quo
Among the big political cases, Molvi Tamizzud Din case (1954-55),Bhutto case (1977) and several judicial inquiry commissions traumatized the judicial system. Political cases have constantly disturbed the country socially, politically and economically. Political forces used these instabilities for their benefit. Inopportunely, Pakistan is a state where the sitting government is agitating and protesting against the judiciary as these institutions are not conducive to their interests.
PPP leadership’s speeches and statements against the Chief Justice and now Nawaz Sharif and his family’s statements and the names they call the Supreme Court are beyond belief. Nawaz Sharif has also been allegedly involved in an attack on SC in 1997.
The Punjab Government allegedly dictated the Model Town case of PAT with 14 killed and about 90 injured by Punjab Police and victims are still looking for justice. Ruling elite has never let justice prevail unless it favours them. Sharif’s anti-judiciary approach particularly on Panama case decision is exhibiting his aggressive ideology against the higher judiciary of the country.
In Pakistan, Bars and courts are playing their part to vitiate the judicial system and rule of law or at least they are letting it take place. Among the judges, there are under influence of politicians, for example Justice Malik Quyyum’s relation with PMLN leadership. Lawyers do not seem willing to pay due respect to the judges in the courts. Recently reported lawyers’ attack on judicial complex in Multan reflects the level of reverence for the law. The lawyers without any stern action in response have reportedly attacked the judges on various occasions. In a number of conferences, sit-ins and speeches, eminent Ulemas (religious leaders) and religious scholars have indecently and offensively criticized the CJ; adequate to worsen the prominence of higher judiciary.
The anti-judiciary behaviour of the elite and ruling classes is unceasingly damaging the judicial system along with the repute of judges in the lower and higher judiciary. After Panama verdict, PML-N leadership ironically called the Judges names ‘Babaas’. Ayan Ali, Mashal Khan (Wali Khan University) and Gen. Pervez Musharraf’s cases reflect the involvement of some hidden and influential powers.
These instances contribute to negative impressions for international community. The issue of Raymond Davis, an American who murdered two Pakistanis in Lahore in January 2011and finally released easily without any punishment and proper trial, reflects international awareness of inaccuracy in the judicial system of Pakistan. Aria’s case is a model for what would have happened elsewhere in the world.
A common individual usually cannot get justice during his/her lifetime properly in Pakistan because of the venality. Applicants in the court cannot schedule hearing dates with the reader of the judge without appropriate bribe. This lays the responsibility on the Chief Justice of Pakistan’s shoulders to take initiatives to recover of the judicial system in order to provide transparent, rapid and free justice on the doorsteps of each inhabitant of “Islamic Republic of Pakistan”. Injustice always hatches hatred among the common masses leading to a long-lasting threat to prosperity, peace and sustainability of the country. Swift Justice is the symbol and recognition of a prosperous Islamic state as ‘justice delayed is justice denied’.
The writer can be reached at [email protected]
Published in Daily Times, January 1st 2018.