“Justice”, goes the saying, “must not only be done; it must be seen to be done”. Implying that justice must be transparent and visible. So much so, that there should never even be a perception that whatever happened under ‘due process’ was, in any way, less than justice.
My life, like that of all peoples, has had its trials. Among them was my worst. Due to circumstances, I found myself in the most uncomfortable position of virtually being, judge, jury, and executioner. There was a prime suspect of a crime that became ‘real news’. The media went rogue, declaring the suspect guilty while the case was under investigation.
I too suspected the suspect but, I wasn’t certain. I was, however, quite certain that, were the suspect placed in judicial remand, he would confess to the crime, irrespective of who the actual perpetrator was. I merely had to point a finger but didn’t, because I couldn’t accept the possible guilt of an innocent person being found wrongly guilty.
The suspect escaped unscathed and the weight of that decision is among the crosses I bear and will carry to my grave. I narrate this incident merely to explain that I too have been there. There is only one trial which is worth talking about these days though; that of Nawaz Sharif and his family. They have been tried and found guilty but; has justice been done?
In Bhutto’s case too, it was not his guilt that was in question; it was whether the evidence proved his guilt or not
Let me state unequivocally that I have no love lost for the Sharif family. I am convinced that the not-so-shareef Sharif family is guilty of all it stands accused of and much more.I am also convinced that Nawaz has strong connections with Modi, the Indian PM, who has helped orchestrate events in a manner that keeps the Pakistan army under pressure so as to relieve pressure from GHQ on Nawaz.
But my being convinced carries no weight in any court of law; nor does the conviction of any other citizen who considers him or anyone else guilty of a crime, but can produce no evidence. Let me add that, in 1977, I was convinced and still am, that ZA Bhutto was behind the murder of Nawab Ahmed Khan Kasuri. I also have no love lost for Bhutto and considered him evil personified.
But in 1977 too, as I do now, I asked the question “Has justice been done?” I do not imply that it hasn’t. I merely wish I could be certain of that.
For the record, I have publicly expressed my misgivings with the maxim, “innocent until proven guilty beyond reasonable doubt”. But, there are too many coincidences here for them all to be mere coincidences. In Bhutto’s case too, it was not his guilt that was in question; it was whether the evidence proved his guilt or not.
In Nawaz’s case too, it is the same question but, perhaps for different reasons. There is a strong perception, even if it isn’t fact; and I also do not know that it is fact. The perception being circulated in social media, which has also been raised in some editorials, is that events are being orchestrated to target the Sharifs.
When Tareen was disqualified from contesting elections, the whispered question was whether this was a palliative to those who felt justice was one-sided. Now that Zardari and his sister have been caught in the net, the question — no longer whispered — is whether this afterthought will be bought by the people as genuine justice or another palliative.
After all, Zulfi Bokhari, Imran’s bosom friend, could not only obtain the infamous “one-time” permission for the holy [?] pilgrimage, but the same NAB that cried foul at his departure while on ECL, has suddenly also discovered that there is a mysterious “blacklist” that no one had previously heard of, and Zulfi’s name was on it! Far more importantly, NAB has discovered its error and has sought removal of Zulfi’s name from the blacklist.
Imran’s gloating might be an ugly sight but, it does no additional harm. NAB however, seems to hold the view that corrupt politicians are found only among the PML-N. A word of warning. The majority of those wondering whether Nawaz is the only corrupt politician are from retired soldiers, bureaucrats, and the middle class. The same kind that brought life to PTI. It might become visible on Election Day.
I repeat, I do not know whether justice has not been done; nor that it has. I wish I did, but I don’t. The question for the pure jurist is: Is justice a means to the end or the real end? If, like me, you too believe that justice is the end, then if parameters are drawn for playing the game of justice; should these be uniform or should these be modifiable in individual cases?
Finally, if these parameters must be uniform for all and yet, are modified in selected individual cases, will those cases in which they were modified also qualify to be called justice?
Too convoluted? I agree. I don’t really understand it myself.
The writer is a retired brigadier. He is also former vice president and founder of the Islamabad Policy Research Institute (IPRI)
Published in Daily Times, July 12th 2018.