Justice and Elitism | Op-ed | Security Lense | 17-Sep-2024
Can justice truly be blind if it turns a blind eye towards a specific class of society? Justice is the basic right of every individual, but if society is divided into classes, equality in justice becomes a myth. Can we call Pakistan a democracy if some people are above the law? That’s where the judiciary comes into action.
The justice system of Pakistan is skewed, corrupted, biased, and unreliable- a fact acknowledged by almost everyone, except a few. The few who believe themselves to be above the law, who think that the government, judiciary, police, and media are at their beck and call; and unfortunately, they’re not wrong. Pakistan’s double standard of justice is reflected in nearly every case brought to the court. Justice is supposed to protect the basic rights of humanity, to be served regardless of class color creed, or race. However, in Pakistan, justice is well aware of when it is to be served and when it is to be denied.
It is a common saying that justice delayed is justice denied, but what are the causes behind delayed justice? This article aims to delve into the process of flawed accountability and how elites shape the definition of justice. The accountability mechanism in Pakistan is not an ideal type. Throughout history, there have been well-documented cases where the judiciary failed to make a just decision on time. From the hanging of Bhutto in the 1970s to the Panama papers scandal in the 2020s, and from the Shahzeb Khan murder case in 2012 to the recent Karsaz incident, the judicial history of Pakistan is filled with cases where justice was delayed or failed to be delivered justly. The elites form a network, encompassing government and civil institutions, judiciary, legislature, and media. Due to their significant influence over society, they can easily escape accountability for almost anything. And because of the flawed and biased justice system, there is no one to hold them accountable, and for those who dare ask for accountability, their life is made a living hell.
Accountability and transparency are the two wheels of good governance, and unfortunately, our institutes lack them both. Lack of proper functioning mechanisms along with influence-driven decisions, are what make the justice system prone to getting exploited. Constitutions are responsible for holding justice into place, but even they are neglected. Such an act violates the right to a fair trial as provided by Article 10A of the Constitution of Pakistan. The article also mentions due process as part of a fair trial. Similarly, Article 25 calls for the equality of citizens before the law without any discrimination. Despite providing a foundation for justice, Pakistan’s legal landscape requires more comprehensive legislation to address certain cases. There are various examples of cases that needed much judicial inquiry into them.
In July 2021, 27-year-old Noor Muqadam was tortured for two days and brutally murdered by Zahir Jaffar, who belonged to an influential family. After his parents found out about the murder he had committed, their first response was neither to call the police nor to call an ambulance, rather it was to inform their son that they would send help to dispose of the body and call his psychologist to cover his trauma because he was allegedly mentally ill. It isn’t the first case where the victim tried to hide behind the card of mental illness. According to a report, after Zahir had been convicted of murder in February 2022, which was a delayed process, he was shifted to PIMS on August 5 on the claims of being sick. He stayed in the VIP room until citizens protested and was called back to jail. Not only that but even in jail, he enjoys a luxurious life where he is given home-cooked food and daily visits.
In May 2024, a Sindhi journalist named Nasrullah Gaddani was killed by Lund, the son of a local MP in Sindh. Gaddani was known for his reports that were usually against the feudal system of Sindh and was killed in the process because he was not allowed to speak up against the elites of the area, a right given to him and other journalists by Article 19 of UNHDR and PPC. Gaddani is not the first, but rather the 13th Sindhi journalist who was killed while trying to expose elites. This case resembles that of Nazim Jokhio, another Sindhi journalist who was tortured and killed by MNA Jam Abdul Karim and his brother just because he tried to stop hunting the protected Houbara Bustard. The torture committed on the 27-year-old journalist is another violation of the constitution of Pakistan as Article 14 states that no person shall be subject to torture even for extracting evidence. FIR was filed against the two influential figures and they were taken into custody. Currently, Jam Abdul Karim is serving as MNA on the seat of PPP from the constituency of Malir, whereas his brother Awais Bijar Khan served as MPA till August 2023.
Being influential figures, and part of the elite, the murderers of Nazim Jokhio are living a luxurious life and standing up in general elections rather than living behind bars. Despite committing intentional murder under section 300 of PPC, which has the death penalty as the punishment, both convicts are deemed eligible to stand for elections. While discussing elites, it’s impossible to ignore the recent Karsaz incident, where a drugged woman hit an old man and his daughter with her car. On top of that, she was well aware of the fact that she would be able to get away with it. People asked for justice for the two killed innocent people, and the media took their side first, but in a series of events, the media suddenly started to victimize her. The judiciary ended up releasing her since she was forgiven by the victim’s family, in a move that sparked controversy.
In a democratic republic, injustice serves as a question mark on the legitimacy of democracy. In Pakistan, elites have always dominated every aspect of society. When someone from the elite commits a crime, they receive special treatment and can escape justice. In contrast, if a common person is involved in a similar situation, the justice system becomes morally vigilant and makes sure they are punished. Likewise, if an elite is harmed, our judiciary takes swift action, but ordinary citizens get stuck into a tiring loop of courts and police stations. Is that the justice and equality that our constitution provides us with? Why are inequalities allowed when the Constitution promises equality for all? Such questions might never be answered, and the list of cases would keep getting longer, all because someone from the elites is so highly esteemed that they neglect ordinary citizens and undermine Justice. Universally, Justice is symbolized by a blindfolded lady, but in Pakistan she wears spectacles.
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