Justice and Elitism | Report| Security Lense | 16-Sep-2024
“It is the spirit and not the form of law that keeps justice alive.”
Judiciary, often hailed as the strongest pillar of a state, implements all the laws and curtails the implementation of social evils by upholding the principles of justice and equality. According to World Bank report, Social Justice in a state, not only helps diminish violence and conflict but also plays its part in development sector. Stature Justice system acts as a foundation of good economy and society, while a bad justice system corrupts it. The justice system in Pakistan has fallen prey to elitism, where the state has been remained focused on rewarding the elites and depriving the poor from their basic rights. The elites and influential groups in the state have rescinded every law by their immoral actions against the poor. Instead of being used to address socio-political issues, the justice systemin Pakistan has become a protection tool for the powerful in the state. The question, “What’s wrong with Pakistan’s judiciary?” has again become the talk of the town, especially after a drunk woman who explicitly drove her SUV over a father and a daughter was given bail based on the Diyat law. This report focuses on uncovering the elitism in Pakistan, while highlighting swathes of cases where elitism has prevailed over fair justice system.
Justice system in Pakistan:
Accessibility of justice in any society is a prevalent issue and Pakistan stand tall in this issue. Judiciary of Pakistan is now being marred by many ills which are questioning its standing as an independent institution in the state. It is important to comprehend this concept through the notion of elitism and judicial populism, the shadows of which have been looming over the state since its independence. Based on the Colonial setups, institutions of the state have been subjected to criticism of the public because of its ill practices and failure to provide social benefits to people. Contemporary dynamics of the institution has once again garnered the attention of many political scientists and researchers to analyse the ails of the judiciary.
The legal system of Pakistan has long been criticised for providing impunity to elites which shows an obvious divide between elite and poor class. This has resulted in dissatisfaction and distrust among common people over legal processes which is often overshadowed by the political links, power and wealth. Important cases; Karsaaz incident, Shahrukh Jatoi case and Majeed Azhakzai case sheds light on the flawed judicial system.
A new wave of injustice is ubiquitous in the state. A new Karsaaz incident has once again diverted the attention towards elite politics and unfolding injustice and selective justice delivered by the institution. The Karsaaz incident which took place on Karsaaz road in Karachi is another high-profile case in which Natasha Danish belongs to an elite family has resulted in the death of two family members while injuring five others because of high speeding. This case immediately became the headlines of the news and stirred a wave of anger on social media. Despite this horrific criminal activity, the woman kept smiling and showing victory sign unravels the reality of the judicial system of Pakistan which has a history of treating elites indifferently. Culprit’s calmness and insensitivity depicted a clear picture of her confidence of availing impunity through the system. Delayed legal proceedings, misuse of Diyat law and use of wealth to influence victims’ families accentuates the loopholes in the legal system of the state.
Un extinguished old flames:
However, cases are not new where the elite class has been granted a special treatment regardless of their violation of laws. In the past Shahrukh Jatoi case was another which captured the attention of the public and was broadly highlighted in the social media. This was the incident of killing of an innocent boy Shahzeb Khan, who was brutally murdered by landlord’s son Shahrukh Jatoi and Shahzaib Talpoor. The accused families have huge influence on political parties. Unsurprisingly in 2022 Sharukh Jatoi was granted bail by the Supreme Court of Pakistan which left the underprivileged class in wonder whether Institution is ever going to dispense equal justice and enforce rule of law. Despite clear evidence the case got delayed because of controversy and political connections. Moreover, both incidents have highlighted the fact that lawlessness in the state is perpetuating the cycle of injustice which is slowly giving rise to the law of the jungle. According to the World Justice Project Rule of Law Index Pakistan stood 130th out of 140 countries. Lack of integrity, autonomy and accountability has become a very problem of the institutions which is undermining the notion of democracy. In Pakistan, democracy has become a sole provider for elite class which enjoys social prestige, economic advantages and political influence which led them to benefit from their connections. All the dynamics have created systematic flaws in which beneficiaries wield significant informal power contributing to inequality and injustice in the system.
Balochistan Majeed Achakzai case serves as another example of elite impunity in which the tragic murder of a traffic warden took place. Trial failed to take place and he was acquitted by the Model Criminal Trial Court. All these verdicts have raised the eyebrows of many legal experts and the general public where provision of justice remains a serious concern.
Munir A. Malik, a famous author state that:
“The judicial system in Pakistan often becomes a tool in the hands of the elite, where justice is delayed and denied to the common citizen.”
Certain symbols of elite politics within the bar have directed outrage against the institution which has neglected matters of prominent importance. Poor class who has long been demanding justice and accountability, and negligence of such matters is signifying the willingness of the judiciary in the delay of such matters.
Elite impunity and injustice are becoming a new normal for Pakistan where witnessing a murder of innocent people and getting away with it has become a part of everyday life. These ill judicial practices are eroding the fabric of democracy, disintegrating the values of law, equality and justice. Nevertheless, it is visible from all these facts that power holders care very little regarding the welfare of common people and fighting for power and their influence. It is important to understand that the current situation in Pakistan cannot lead towards an effective judicial system if the misdoings of the judicial system remain prevalent. This cycle of ineffectiveness is perpetuating more turmoil in the country.
Conclusion and Policy Recommendations:
Articles 10 A & 25(1) of the Constitution of the Islamic Republic of Pakistan also emphasize on the right to justice and fair trail to every citizen in the state. The pquestion, therefore, is: what is hindering the improvement of Pakistan’s justice system, despite having clear and stringent laws? Judiciary in any state depends on democratic and societal values. According to Transparency International, an international coalition against corruption, Pakistan scores 29 out of 100 on the Corruption Perceptions Index and is ranked 133 out of 180 countries. These statistics are of immense importance while evaluating Pakistan’s justice system, as corruption is one of root causes of in-justice in the state.
Strict accountability and reforms in government and private institutions can help a state like Pakistan to empower and uphold judicial norms. Secondly, eradicating poverty can also help the state to mend its ways towards fair justice system. Elitism is constructed either directly or indirectly, by poverty. It means that improving the living standards of common masses can effectively contribute in promoting just values in Pakistan. For instance, in some rural areas of Pakistan, the caste system, which advocates rights of a certain group of castes has led people to live their lives, preserving unjust beliefs and practice. The growing scale of inferiority complex in poor breaths supremacy to the elites and this eventually leads to in justice in the society. Providing better earning and living facilities and improving the living standards of the poor can address the gap between these classes and rupture the bifurcation in society, leading to a fair justice system.
Lastly, it is very important to utilize the digital space constructively to educate the victims and the under-privileged of the society. The effective use of social media platforms to advocate for the social rights can help the state to mitigate divisiveness between the government and the people. Additionally, the government can also take the initiative to digitalize the criminal justice system to avoid the influence of powerful and elites in state. All in all, a fair justice system is the basic right of every individual in the state. Better justice system breeds love and generosity in the state. The fight against elitism—whether in incidents like Karsaaz or cases like Shahrukh Jatoi—must remain persistent. Indeed, a fair justice system will be the first step to resolving political polarization and economic issues of Pakistan.
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