Thana reforms versus reconciliation Ghani Khan Khattak The PTI led coalition government of Khyber Pakhtunkhwa has initiated Thana and police reforms to make the process of justice administration easy. The reforms are necessitated because Police is one of the major departments which contributed abundantly to the prevailing unjust and exploitative system and oppression in society. Recently the chief justice Peshawar High Court had in his remarks said that cops are involved in abduction and kidnapping cases. This is common knowledge that Police have always been an active party in promoting crime in society. Like so many other departments, the Police department is corrupt to the roots. The Police uniform has become a symbol of fear for a man in the street and there exists no understanding between people and police. Thana has its own culture and is a place where people are mercilessly intimidated and exploited and usually implicated in false cases. In fact Thana is a different world where not the law of the land but the police word prevails and where the poor and helpless are separated from the wealthy and influential of society. Thana has over the years become a place where there exists no morality, kindness and courtesy but a place where needy and oppressed are further pressed, robbed and disgraced. According to informed reports, the police vested interests are against reforms and they are said to be determined to render the impending reforms meaningless. Why they resist reforms is quite evident i.e. they do not want to deprive themselves from the unfair benefits which they squeeze out of a system most suited to their habits of corruption. To break habit and that too of a unit or a class is not an easy task as habit works more constantly and with greater force than reason. Long customs are not easily broken and usually attempt to change the course go in vain. Corruption indeed is a serious offence against the wellbeing, progress and prosperity of society. In countries like Iran and China corrupt practices are discouraged by awarding severe punishments. Mercy is shown to those who show it for others. Those who extort money from others hardly deserve any mercy. Even in the most advanced democracies of the West corruption is not tolerated. This is because a corrupt person or official is a wicked and a culprit whose intense greed and love for money damages the collective wellbeing of society and state. The Holy Quran on so many occasions declares corruption as FASAD. In 89:17-20 the Quran says that you are not generous towards the orphan and you do not urge one another to feed the needy and you devour the inheritance [of others] with devouring greed and you love wealth with boundless love. This boundless love of wealth has converted society into a jungle and the mighty people are devouring the rights of the poor and helpless people. To quote him again, the Chief Justice Peshawar High court while hearing a bail petition in drug smuggling case rightly observed that the establishment of the rule of law was a must for bringing about a real change in the country. However we have a long and difficult journey ahead of us before achieving the most desirable goal of establishing rule of law and elimination of corruption and poverty as this would require an iron determination from the leadership. Unfortunately we are lagging behind in leadership standards. A model and extraordinary leadership would willingly apply all rules and laws to its own conduct and practice as a precedent. According to Khushal Khan Khattak, a leader must not appear different from his people; he should have respect for their opinion and steal nothing from them. In his view a leader will have to remain cautious even while using water. The leader must reform himself first as this is the best way to reforming others. The best approach to minimize the role of police and lower judiciary which is no less corrupt is to encourage the reconciliation attempt. The ANP led coalition government had created reconciliation bodies/Jirgas in police stations which were quite helpful in preventing the disputes from escalating. Usually small disputes, when not resolved, pave way for big disputes and restlessness in society. The Court procedure has failed in responding to the increasing number of litigation as there are a number of faults in the process of deciding cases. Its biggest fault is its long delays in deciding cases and the great cost involved in it. Bringing about reconciliation between two parties is close to our tradition, it is quick and inexpensive and more honourable. Gandhi Jee says that during my profession as a lawyer (in South Africa) I used to bring about reconciliation amongst the disputants which was more easy, simple and effective. Instead of fighting cases for years, the lawyers on opposite sides must not act as two parts of shears and cut everything what comes between them but they should also make an attempt to encourage the parties to come to terms with each other. This suggestion may appear as an imaginary proposition but when put to practice is bound to yield positive results. Indeed lawyers can do wonders by convincing their clients of the benefits of conciliation. Instead of entering into the mouse-trap of law conciliation amongst the disputants is the best available alternative, cost and energy effective. The government might be having good and sincere intentions but achievement of targets is not possible until the well placed and educated segments of society extend helping hands to support the agenda of change. ghainkhan@yahoo
Posted on: Mon, 15 Jul 2013 04:54:48 +0000