A dramatic twist has come forward in the sensational proceedings of the Nizam Jokhio murder case months after the main accused PPP’s Jam Abdul Karim was granted bail on the grounds of an out-of-court settlement. There was no denying the foul play (of whatever extent) involved in the sudden inclination of his widow to agree to an arrangement dictated by the notorious blood laws.
However, now that the victim’s mother has knocked on the doors of a sessions court, calling the earlier settlement a direct result of “pressure/influence,” the entire plot can be seen from afar. Not that the disturbing frequency of deep pockets greasing palms and grave threats sealing lips was a secret of any sort from the beginning. After all, we live in a country where the greater power you hold, the easier it becomes to bend law to your liking. Such revolting is the impunity enjoyed by our elite that the judiciary watched helplessly as the case was tossed back and forth between the sessions court and the special antiterrorism court seeking answer to the multi-million dollar question: whether Mr Jokhio’s murder counted as an act of “terrorism?”
The legal marathon saw Lady Justice acknowledging–after a thorough deliberation–that a crime had, indeed, been committed, while both the chief minister and the leader of the opposition bought their share of fame by hollow promises of timely justice. But quite as expected, justice could not be delivered.
Had there not been for some legal glitches and the offence declared to fall under the definition of terrorism (clearly enunciated by Sessions Court Malir), Mr Jokhio’s loved ones might have had a better chance at seeking closure. The much stricter terrorism laws do not give any leeway to the accused.
A determined mother clanging pots and pans to signal the second act of her struggle must have had an epiphany: a rekindled trust in her state machinery to try those who kidnapped and tortured her son to death as per Pakistan Penal Code. Alas! Odds are hardly in favour of the weaker side in such cases! Only a prompt summoning of all accused–no matter what medicolegal defence they come up with–can arm her with the confidence to look her wrongdoers in the eye and see through the proceedings.
Just as crucial is the need to revisit the loopholes in the legal provisions that allow people with money or friends in the right places to commit horrible crimes and get on with their lives. The problem clearly lies with the provision of Qisas and Diyat. Earlier this year, the controversial Qandeel Baloch murder case had become an acid test for our blood money laws. Despite widespread denunciation and pressure by activists and law enforcement authorities, an uproar by the murderer’s counsel still prevailed. The criminal justice system would remain broken until these backdoors for compromises or forgiveness are sealed shut. Only then would the next feudal lord think twice before pointing the barrel of his gun at anyone daring to pull covers off his mala fide acts. *
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