CJP and a failing justice system

Author: Daily Times

The Chief Justice of Pakistan may soon be taking suo motu notice of yet another likely murder in the country. But only because of mounting pressure from human rights and civil society activists who have expressed frustration over the Sindh police’s apparent refusal to concede foul play in the death of Dr Hassan Zafar Arif. The MQM-L leader’s body was found in the Ilyas Goth area of Karachi last week. And while the official autopsy report points to natural causes – the policed have seemingly failed to investigate how his body made its way to the backseat of his car. Adding to suspicions of murder is the fact that his family and friends have noted that that his phone was turned off the night before he was found.

The fact that the citizenry have come to consider the CJP ‘taking notice’ of a crime as a pre requisite for justice here in Pakistan only serves to underscore how the state has reneged on what is arguably the most important part of the social contract: upholding the law. This doesn’t bode well for the country’s internal security situation. After all, Karachi has long been dependent upon the paramilitary presence of the Sindh Rangers; which itself may be considered an extra-judicial step. Be that as it may, the Karachi police, during these operations, should have set about overhauling itself institutionally to better serve the people. Yet it appears this has been another wasted opportunity.

Things are not much better in Punjab, either. When a seven-year-old girl was reported missing in Kasur – the police showed no signs of action. Indeed, it was only when electronic and social media picked up the pictures of her dead body, thereby provoking angry protests which came to the attention of the CJP, that the police tried to get its act belatedly together. Though headway is still to be made in tracking down those responsible.

Yet the fact remains that a criminal justice system cannot operate on suo motu notices alone. We need to look at structural reforms of both law enforcement agencies as well as the courts. Unless and until this happens there will be no end to Pakistan’s internal security chaos. *

Published in Daily Times, January 21st 2018.

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