The Untouchables | Op-ed | Security Lense | 18-Sep-2024
There is a proverb that reads, “Justice is blind,” which means “the legal system is unbiased and
objective.”
In Pakistan, these scales of justice appear to be highly tipped towards the wealthy and powerful rather than upholding the rule of law. The recent Karsaz accident presents a stark reminder of the systemic prejudices that have plagued the country’s legal system, where a speedy Toyota Land Cruiser driven by Natasha collided with a car and motorcycles, leading to the tragic deaths of a father and his 22-year-old daughter.
The accused, despite overwhelming evidence of reckless driving and drug intake, was granted bail after being “forgiven” by the victim’s family “in the name of Allah.” This case, coupled with the Noor Muqaddam and Shahzeb Khan cases, excludes the privilege of upper-class life to fall within the behemoth hole that the common people of Pakistan fall into when seeking justice.
The evening of 19th August 2024 witnessed a terrible accident in the vicinity of the Pakistan Maritime Museum, knocking out three motorcycles and another car by Natasha Danish’s speeding Toyota Land Cruiser, leading to the death of its occupant Imran Arif, aged 60 years, and his 22-year-old daughter Amna Arif.
According to the accounts from the eyewitnesses of the accident, Natasha was under the influence of drugs, and later they conducted a blood test and tested positive for the substance, particularly methamphetamine. Nevertheless, the crime committed, as well as the rather convincing evidence, are not enough to bring punishment to the culprit, and later the victims’ family said that they forgave Natasha for the accident as they are convinced that the actions committed were not deliberate.
The family’s decision to pardon Natasha was prepared in written form and submitted to the court to show that the decision was voluntary and was not influenced by any force. Subsequently, rumors were claiming that the victim’s family received a substantial sum of Rs. 50.5 million as diyat (blood money) as a part of an out-of-court settlement. Furthermore, a relative of the deceased was allegedly given a job offer at a company owned by Natasha’s family. These revelations question the legal system’s credibility and whether financial compensation can be synonymous with justice.
The Karsaz accident case does not stand alone; it mimics gruesome aspects of the Noor Muqaddam case, in which a young woman was murdered by a man from an affluent family, Zaher Jaffer. Although the incident was brutal and there was sufficient proof to convict him, the proceeding of the trial was agitated with tension, prejudices, and the manipulations of the legal process. Jaffer’s family tried to manipulate the situation, demonstrating how power can twist the course of justice.
Nevertheless, he was able to avoid execution using mental health as a pretext. Even though Jaffer was convicted and sentenced to death, there were so many hurdles that the bereaved families felt like they could do nothing to challenge the powerful, who always manipulated their way through the justice system. People in authoritative positions use their advantage to obtain more than their fair share to enrich themselves. Therefore, promoting bias against other social groups and maintaining structural inequities. This case serves as a stark indication that, even in contemporary society, the laws do not protect the vulnerable in society but rather protect the elite from the repercussions of their actions.
Along the same lines, the murder of Shahzeb Khan in 2012 exposed the systemic prejudices in the Pakistani judicial system. A young man, Shahzeb, belonging to the middle class, who was studying at a university in Karachi was killed by Shahrukh Jatoi, the son of a powerful landlord. At first, the accused received bail, and the penalties were also mild, which showed that social status stands guard over people from getting punishment. It therefore took both pressure from the public and the media advocating for justice before the Supreme Court stepped in and put the charges, arresting and convicting the culprits.
This case, like the Karsaz accident or the Noor Muqaddam murder case, demonstrates that the elite class can influence the legal procedures to their benefit. In Pakistan, the elites of today misuse the authority they have, and power is exploited on all grounds. To mitigate the severity of power abuse, officials must develop policies that may be retrieved by those in need when facing injustices. Pakistan’s judicial procedures must be reformed to ensure that every Noor, Asif, Amna, and every victim of injustices, receive fair and just treatment.
Public opinion and perceptions significantly influence the discussions concerning these high-profile cases. The Karsaz accident has caused a lot of outcries, many people are asking about the fairness of the legal system, and it is equally surprising how an accused person like Natasha can be released on bail easily. Additionally, the people conceded that pardoning her while providing the victim’s family with financial compensation serves to perpetuate the notion that the wealthy and powerful can get away with doing whatever they want.
Social media has amplified these sentiments, where individuals have demanded justice and accountability. People’s rage is becoming uncontrollable since a large number of them think the legal system is set up to shield and enrich the wealthy while the weak suffer, which they must.
This collective anger is necessary to fight against those in authority and make changes that challenge the prejudices existing within the legal system. Therefore, significant changes to the entire system are needed to eradicate the source of the elite’s invincibility. To ensure that the wealthy and powerful cannot buy justice, the judicial system must be strengthened. This means going over the laws of diyat and determining if financial reparation should take the place of guilt for serious crimes.
The main problem lies within the judiciary of the country. That being said, the judiciary either comprises the elite class or they are influenced by elites. Thus, profound transformations of the whole system are required to eliminate the genesis of the elite’s invincibility. The legal system needs to be enhanced so that justice cannot be bought by the affluent or those in high positions. This entails reviewing laws on diyat and ascertaining whether monetary compensation should supplant culpability for grave offences.
The fates of the Karsaz accident, the Noor Muqaddam murder case, and Shahzeb Khan portray distressing images of the structural discriminations that exist in Pakistan’s justice system. The persistent trend of elite impunity in Pakistan’s legal system compels us to confront a troubling reality where justice tends to side with the rich and powerful while the weak and needy are left to struggle alone.
As public trust in legal institutions erodes, we must ask ourselves: can such a society exist when the citizens feel helpless against the elites? The demand to change is not just an appeal to justice; it is a plea for the equality in the eyes of law and to end this vicious cycle of “tareekh pe tareekh.” Therefore, will we be able to rise to this challenge, to retrieve justice for everyone in society, irrespective of one’s affluence or allow the elites only to go on ruling over the populace? The choice is ours.
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