RULE OF LAW IN PAKISTAN Rule of law is based upon a human instinct for Dignity and desire for ordering of society, meting out fair treatment by the State to its people and ensure the concept of human existence with fairness in all walks of life. In civilized societies, Police and Courts are the first interface of the State with a common man. Police and law enforcers represent the might of the State through which law is implemented. By the same token it is the sole purpose of judicial arm of the State to maintain Rule of Law and even make the executive arm of the State accountable. This concept flows from the very nature of responsibility of judiciary since Executive does not play decisive role in imparting to people what is legally due- legally, all over the world. In Pakistan the present situation of chaos and anarchy is mainly owing to the weakest role played by the State machinery and Courts because: 1. The Judiciary has become a political organization in Pakistan main purpose of which is to establish their own hegemony and domination over all walks of life triggered by the event of restoration of ex-CJ of Pakistan, Iftikhar Muhammad Chaudhary who proved, by the time, a person with personal agenda only, with no sincere adherence to real concept of Rule of law. His brother judges followed all of his desires of personal gains, wash the dirt on the face of his notorious son Arsalan Iftikhar. 2. All over the world, the judiciary is concerned with adherence to law on the subject matter which according to the facts of the particular case is applicable. In Pakistan there is a very pernicious trend in judicial ranks of higher and lowest rung, at present, to be swayed by impressions posed by lawyers to which the judicial officers have or judges are inclined for different reasons—in common parlance called “Face Value of an Advocate”. Despite clear violation of law, the judges do not take any notice in such cases and decide them on extraneous reasons and sometimes make even ridiculous orders having no nexus with the subject matter of cases. The Judges take no pain to do homework before hearing of the cases even in the Superior Courts as such record is not properly studied while making a decision--- the result is frustration and unending litigation in appeals and second appeals. You cannot find a single judgment by the Judges of Superior Courts- which can be equated or compared with the judgments of renowned judges of the past like A.R.Cornelius. There is a great deterioration in the competence of judges which is negating the concept of Rule of Law. Even when we compare judgments of Indian Judges with that of Pakistani Judges—decisions of Pakistani Judges appear to be dwarfed. 3. The Judges, particularly in Superior Courts dispose of the cases in hurry without appreciating the “Lis” or legal controversy involved in the matter. In the same vein they often weigh the “Imminent Displeasure’ instead of “Justice” which is the great misfortune. In America and Europe any judge cannot dare to illegally proceed in any case owing to the strict accountability by the “COMMISSION ON JUDICIAL PERFORMANCE” and Appellate Courts. If any judge is found negligent or violates law he suffers not only “Public Reprimand” but also liable to fine or other appropriate punishments. The case of Judge TALMADGE LITTLEJOHN decided by 62 So.3d 968 (Miss.2011) Supreme Court is a landmark decision wherein the judge had to suffer- Public reprimand and fine of 100$ for violation of law despite being held to be not guilty of moral turpitude, indecency and dishonesty or to abuse the legal system. On the contrary, Pakistani judges are suffering from “Black-Robe Syndrome” by and large. Few days back a Judge of High Court when approached Licensing Authority, the concerned officer asked him to wait in line- but the Judge ordered his arrest and he was brought before the Court. It displayed a profound failure of concept of EQUALITY in Pakistan. Here ‘MIGHT IS RIGHT’ and Rule of law breathes its last at the alter of Power and Influence. 4. The Police which is entrusted with the responsibility to immediately provide relief to an illegal sufferer is not only insensitive to the pains of laity but is comprised of mainly those persons who have a tunnel vision of life and with no vision. Even well- educated persons on joining Police force, after few years become the same stuff. In very simple words—when any complaint is lodged with the Police—most of its members prompt to contrive an unholy alliance with the accused and it requires lot of money, time, energy and influence to keep the wheel of justice on the right track. Why Policing in Pakistan cannot be improved to be socially helpful force? Mainly because—on one hand Common Man is ever-ready (in most of the cases) to buy Policing in order to fulfill his innate purposes, even at the cost of life, honour and property of another person. If people are with such outlook, Police will hardly be justice oriented. This is the reason that when any non-paying person comes in contact with Police—he is good for nothing so cant be helped though he is with a genuine claim. The training and educational level of Police officers particularly at implementation stage is very depressing. If you go to a Court and see Investigating officers appearing before Courts- it is amusing that the Judge speaks in Urdu whereas the IO replies in Punjabi. They deliberately spoil the vital pieces of evidence and have a very little know how of law with which they are dealing. 5. In order to bring about a positive change in the real of law and order and imparting justice to society in Pakistan, it is crying need of the hour to: A. Judicial Accountability be ensured at all levels- even at the level of the Apex Court through social pressure for which Non –Governmental and Social organizations have to play the vital role since rulers and possible effectees would oppose any such change. Impartial bodies may be legally authorized to keep a watch on judicial performance- particularly at District level. B. If judiciary is overhauled at the bottom, it can control rampant highhandedness of Police. It is very hard for senior Police officers to observe complete impartiality as they are too need a cooperation from the lower ranks. C. Political masters should not unduly interfere in Policing which is also a prime reason for the failure of the system. This can only be done through mobilizing social forces. With a continued and strong social abhorrence this purpose can be achieved.
Posted on: Mon, 17 Mar 2014 19:32:49 +0000
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