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Hina Hafeezullah Ishaq

Another one bites the dust

Published on: April 22, 2016 5:47 PM

April 22, 2016 by Hina Hafeezullah Ishaq

Human life has no value in our country and I have no clue why. We Pakistanis are pretty emotional when some catastrophe befalls our own, but remarkably un-emphatic when it concerns another.

Shahzeb Khan, a 20-year-old young man, was allegedly shot by the sons of influential men. The facts as narrated by the father of the deceased on a popular television programme are that on December 24, 2012, Shahzeb was asked to drop his sister home by his parents after they had attended the walima of another of their daughters. Shahzeb took her home, which was in an apartment building; the girl could not get the front door open as her mother had double-locked it. While she was struggling with the lock, a servant of one of the accused boys started to pass lewd remarks on her; panicked and scared, she called her parents and brother, who had left after dropping her. Shahzeb quickly came back, took the offender to task and probably slapped him too. People gathered and the two accused arrived at the scene and things got hot. Shahzeb’s father intervened on his arrival and made him apologise to the servant. The father who is a Deputy Superintendent of Police (DSP) in Karachi said that shortly after Shahzeb left the scene, Shahrukh Jatoi declared himself as Sikander Jatoi’s son and issued threats. The other accused, Siraj Talpur, has also been attributed a role in the whole scenario. Shahzeb was allegedly followed and brutally gunned down by both the accused.

Last year in June, a young boy and a student of A-Levels, Hamza Elahi, the only son of a Lahore trader, was shot at point blank range, allegedly by his friend, Shan Khusro, the son of a serving civil servant, and his body was found dumped on a roadside. The motive was cited as jealousy over a girl.

Siraj Talpur and Shahrukh Jatoi both absconded and hence were not arrested by the Sindh police. Sikander Jatoi appeared on television and defended his son, ridiculously stating repeatedly that he had studied at Aitchison College for four years and that he was studying in Australia since the past eight years and had allegedly been on a ten-day vacation to Pakistan, which had ended on December 24, and thus he had returned that day. The same night Shahzeb was killed. He also stated something about hiding in Quetta but did not elaborate further. Shan Khusro had also absconded when his pre-arrest bail was dismissed by the Sessions Court last year, and it was reported that his father had refused to hand him over to the police after the FIR was lodged.

There were protests in Lahore over the murder of Hamza Elahi and there are protests in Karachi over the brutal killing of Shahzeb Khan. The Supreme Court (SC) took suo motu notice last week and directed the Inspector General of Police Sindh, who failed to appear before it, to arrest the accused in two days or appear before the SC without uniform. The SC also ordered the authorities to cancel the passports of the accused. As I write, reports have come in that Siraj Talpur has been arrested by the Sindh Police from Naushehro Feroze while it is thought that Shahrukh Jatoi has absconded to the UAE though the FIA claims to have no record of the same.

The host of the television programme referred to earlier said that he had set up a poll on the internet in which he had asked the public to give their opinion as to whether Shahzeb Khan would get justice. A shocking 90 percent of the people replied in the negative. The host reposted the same question after the SC took suo motu notice and an overwhelming 90 percent of the people polled replied in the affirmative.

I have faith in our courts. I know there are problems that still need ironing out, but I know for a fact that the common man still has faith in our judicial system as being the last and perhaps the only forum to attend to his woes and grievances. But does the common man only have this faith because of only one man: Justice Iftikhar Muhammad Chaudhry, the Chief Justice of Pakistan (CJP)? So, when our CJP retires this year, what is going to happen to the common man, to us? Is it possible that our focus and reliance is not on an institution but on one man? I know for a fact as a practising lawyer that our judicial system is on the way up and I am oblivious to those who criticise it. It is the only institution in Pakistan that seems to be working for the common man. After having served my time in running around in Khuli Kachehris (Open Courts) set up by government, in the hope of getting speedy redress for the grievances of my unfortunate clients, I have solemnly decided that the courts are the only way forward today. But why should I be forced to conclude this? Why should the courts be the only ones burdened with this responsibility? Where is the executive? Are they not paid from our pockets? Why should they have to be put in the dock every time so that they may do their duty and uphold the rights of the common man? Where are the parliamentarians? Is passing meaningless resolutions the only way to repay the confidence reposed in them by the common man? Where are they when such atrocities happen?

Last week, I was invited by the Aurat Foundation to attend a meeting with the acting Speaker of the Punjab Assembly (PA), primarily to thank the PA for passing a couple of pro-women laws we had been working on, and secondly, to urge more women-friendly legislation. My questions to some of the civil society and NGO members gathered there were why should we have to thank people for doing what they have been mandated to do? Why should we have to utter our gratitude to our elected representatives for upholding our constitutional right? Why?

Why should the people of Pakistan have to take to the streets to demand justice for Shahzeb Khan and Hamza Elahi? Is this the first time this has happened in our country or would it be the last? There are many Shahzebs and Hamzas gunned down on a daily basis here but their cases never make it to the forefront. There are many girls like Shahzeb’s sister who are harassed on a daily basis, who have no brothers like Shahzeb looking out for them. They have no one to turn to and there are laws against harassment but still they have nowhere to go. Why?

Should the SC be tasked with protecting these girls too? Should the SC be burdened with the jobs of others? Where are we, the people of Pakistan? Is our protest going to end with the arrest of Shahrukh Jatoi, Siraj Talpur and Shan Khusro or is our goal going to be a ‘just and equal’ Pakistan: for all. The common man should not have to fear the mighty men, for no matter however mighty one is, there is always someone mightier. But the realisation that we, the people of Pakistan, have to rise up and get our rights, justly and equally, for all before another one bites the dust, has to sink in NOW.

 

The writer is an advocate of the High Court

Filed Under: Op-Ed

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