The wobbly and crumbling edifice of justice needs a serious overhaul
“’The Prince’ was written by Machiavelli for the haves on how to hold power. ‘Rules for the Radicals’ is written for the have-nots on how to take it away”.
Saul Alinsky
To say that the world has been witness to the unfurling of an incessant struggle between the haves and the have-nots would not be untrue. Indeed, this is a struggle that dates back to the beginning of history and, in all probability, shall go on till the end of time.
There are books compiled on the human temptation to acquire more which has only become more pronounced with the passage of time. It is Niccolò Machiavelli who put it thus: “To wish to acquire more is admittedly a very natural and common thing. And when men succeed in this, they are always praised rather than condemned. But when they lack the ability to do so and yet want to acquire more at all costs, they deserve condemnation for their mistakes”.
While there is no limit put on this human ambition to acquire more, there are certainly checks put on the means to indulge this penchant. There are the right ways and there are the ones not so right. There is no constraint on one’s ambition to acquire more by using the lawful means, but doing so by resorting to unlawful practices has been looked upon with disapproval.
Alongside undertaking the time-consuming processes of remedying the justice system, it may have become imperative to introduce some interim measures whereby the provision of justice could at least become a possibility for the impoverished communities of the country who toil the most, suffer under the harshest conditions and are recipients of the worst treatment at the hands of everybody who is anybody, including the ones who have been anointed to administer justice
With time, the distinction between what is lawful and what is not has also become hazy, even disappearing completely in certain domains. This has not only further broadened the divide between the haves and the have-nots; it has also cultivated a level of legitimisation of the methods and means employed to satiate the ambition. In fact, acquisitions become law unto themselves, thus transiting beyond the ambit of any legal or ethical enquiry. We see this happening in Pakistan on an incessant basis with virtually no checks placed either on the quantum of acquisitions, or the methods used to accumulate them.
These germs have penetrated the institutions which have the power to keep checks in place and hold the transgressors to account through a process of quick and transparent action. Instead of being the custodians of the authority they are endowed with and using it judiciously against those who cross the bounds of the law, they have become partners with a broad spread of criminal syndicates operating in the country. This is the albatross that we have worn around our necks. It is a situation which does not only cause disaffection among a large majority of the people; it also paves the way for illegality and immorality to become a norm in the country by stifling the voices of reason and equity.
It is difficult to trace the origins of this grave malady which the country is afflicted with. It is difficult to cite one or a set of reasons for the ailment to have caught on. It is also difficult to evaluate its genesis and see whether something was done to remedy the disease in the past. It is even more difficult to pile them all into a chart with a curative trajectory drawn alongside which clearly delineates the prescription to be administered and how. In the absence of all this, and with the affliction digging its poisonous tentacles deeper, the future seems bleak, more for those who belong to the weaker and the marginalised communities and who have suffered at the hands of those who have had the levers of power and their administration clutched in their grip. Yet, opinions and suggestions would come aplenty.
Some would suggest the adoption of stricter measures to curb the spread of crime. Others would advocate reforming the system in a way that it becomes more amenable to the needs of the underprivileged. Some would attribute it to a tradition of disparities which has been endemic in the country since its inception while others would link it with the predominantly feudalistic mindset that cultivates and perpetuates a system of oppression and inequality. But, there is a common thread that one can trace from all these symptoms: it is the absence of a fair, transparent and just system of justice that could be dubbed as the principal cause of widespread polarity and the urgent need for it to be remodelled to address the challenges that the country faces at this juncture.
There is no society which is completely free of crime, inequity and exploitation. Such indulgences come naturally to human beings. But the saving grace of these other societies comes by way of their justice system which addresses these inequalities strictly by the law contained in the statute book. That, unfortunately, is not the case in our country. Here, like so many other commodities, justice is also up for sale. It is marketed in numerous hues and forms. Sometimes it dawns in the shape of administering judicial murders, or coinage of escapades like the doctrine of necessity. It also comes by advancing absurdities like the Qayyums and Tarars of the land who take dictation on phone, or go with bags full of money to buy those entrusted with the task of dispensing justice. It even comes by way of attacks on the courts. It is, therefore, little wonder that, in the international rankings for provision of justice, our judiciary is languishing at a miserly 118th position among a total of 128.
The lure of money and the fear of the powerful make the most deadly package which is hard to resist. Notwithstanding its lethal content, the hemlock remains a favourite drink for frequent consumption which has caused the demise of the entire justice system. In fact, it has been dead for long, completely unresponsive to desperate attempts to shake it to life.
Of late, judgements have been announced which bear not a semblance of justice. Irrevocable evidence was overlooked to render some chosen ones beyond the pale of the law, thus setting a tradition which has inflicted grievous damage to an already wobbly and tumbling edifice. It continues to be administered unkind blows and may crumble further with time. Giving it an injection of health seems to be a forlorn call. But there is no escaping the reality that this structure needs some serious repair work to commence urgently.
For the state to progress and prosper, its justice system would need to be revived. It is not an easy task. It relates to both the contents of the statute book and the judges who interpret them to adjudicate for the people. It may be easier to redraft the book of the law, but improving the stock of what the judges are made of would be an extremely challenging task to undertake. One will have to go to the basics to begin the corrective process which, if at all, may take years to complete. It is the in-between time that would be crucial in terms of retaining the trust of the people for whom this entire exercise is being conducted. Their faith is already at an abysmally low level and asking them to continue suffering the excesses of a faulty system would be a bit much for their consumption.
We have been at the brink for long. We are tantalisingly close to falling over. We cannot see that happen. So, alongside undertaking the time-consuming processes of remedying the justice system, it may have become imperative to introduce some interim measures whereby the provision of justice could at least become a possibility for the impoverished communities of the country who toil the most, suffer under the harshest conditions and are recipients of the worst treatment at the hands of everybody who is anybody, including the ones who have been anointed to administer justice.
Absence of justice is the cross that we have borne for long. Casting it off should be a priority concern of the state.
