Laws are an essential component of good governance. Without good governance, no progressor advancement is possible. No nation can sustain itself, much less develop, without an effective and efficient legal, administrative and judicial system. The advanced civilizations of the contemporary age owe their development and progress in the economic, social, political and cultural fields, to strict adherence to their constitution and obedience to law. The importance of law is equally stressed in an Islamic polity. Law begot with the birth of man! With the creation of Adam, came the command, “Though shall not…”, and penalty quickly followed the act of disobedience. All religions lay stress on observance of prescribed ethical norms and principles by its followers. Such norms and principles have been incorporated in the modern legal codes for the governance of society.
Laws set high ideals to realize, and set norms and principles to practice. Enacted for the welfare and wellbeing of the people, they offer protection against oppression, abuse, exploitation and harm or injury to person or property. Any violation or deviation therefrom is made actionable: Relief is granted in the form of restitution of property and assets or award of damages or compensation for civil wrong, whereas penal sanctions like incarceration and fine are imposed for criminal conduct.
Criminal laws are meant to maintain law and order in society and keep peace and amity amongst the community. A criminal act is a wrong perpetuated against the victim and also an affront to the state and society for breach of its code of conduct. Offenders are prosecuted and when proven guilty, punished. The penalty has to be proportionate to the nature and severity of the offence committed and taking into account the circumstances surrounding the incident. This way a balance is struck between crime and punishment, and the criminal is served his due dessert. It assuages the angry sentiments of the community and satisfies or compensates the victim for the harm inflicted.
Thus, in keeping with the prevalent state and conditions of society, various theories of punishments are practiced, such as retribution, deterrence, incapacitation, rehabilitation and restoration. They are operationalized in the form of punishments like the death sentence, imprisonment of various terms and imposition of fine.
In appropriate cases, prisoners are given education and training for skill development, to reform and rehabilitate them as useful/productive members of society. The Pakistan Penal Code (1860) and other criminal laws carry such sentences, whereas various other laws provide for the treatment of convicts in prisons and their reform/rehabilitation.
Ever since Independence, governance is on a downward spiral in Pakistan. The deterioration is visible across all organs of state and all departments of government. The incumbent federal government won election on the slogan of “Tabdeeli” (change), but it remains illusory. The inefficient performance and successive “U-Turns” on policy issues, make this regime no different from its predecessors. Thus, the gloomy scenario goes on and on. Disturbingly, there is no silver lining either on the horizon! Perhaps, time to think of system change!
Notwithstanding such an elaborate and comprehensive legal system, its enforcement leaves a lot to be desired! Indeed, the bane of our nation is the lack of implementation of laws. It is true in respect of all laws, both civil and criminal. This way, the objects of law, like the empowerment of the weak, poor, downtrodden and vulnerable segments of society and the welfare and wellbeing of people, are missed; and the benefits of the law do not reach its intended targets. As a result, the laws fail to achieve their objectives of restoring rights/entitlements to the rightful owners and punishing the offenders and compensating the victims for the pain and agonies suffered. The result, quite obviously, is chaos in society and the absence of peace and tranquility, so crucial for the sustenance and advancement of society.
The State and Government are to blame for the absence of an effective and efficient legal system. It is to be shared in equal proportion by the authorities and institutions responsible for the state of affairs. Importantly, it is a failure of the State Organs– Legislature, Executive and Judiciary– in performing their due role and functions.
The Legislature failed to perform its major role of making and reforming laws to meet the exigencies of time and emerging realities. Besides, certain laws which are a source of conflict or tensions in society and are causing injustice to citizens, are not reviewed or reformed. This includes the most controversial legislation like Qisas & Diyat law, blasphemy law, anti-Qadiani law and the Qanun-e-Shahadat Order, which carry tremendous potential for abuse/misuse and are actually abused. The parliamentarians ought to gather courage and revisit them, so as to repeal or reform them, in the larger interest of the nation.
Controversial laws, coupled with their abuse and non-implementation of other laws, further complicate the situation. Thus the benefits of law don’t reach its intended beneficiaries, the, citizens, to avail their civil, economic, social and political rights, contained in the legal codes and the fundamental rights and freedoms guaranteed by the Constitution of Pakistan.
The Executive Branch is tasked to enforce laws and policies. Regrettably though, the administrative actions and decisions are generally devoid of merit and based on bias, prejudice or mala fide intent. This leads to claims for redressal of grievances and consequently filing of claims against the Government departments. No wonder, the Government is a major litigant before the courts and tribunals. Quite clearly, the Executive is remiss in the performance of its duties and functions. The result is bad governance and maladministration, leading to immense suffering of people and conflicts or tensions in society. The higher-ups, working under political patronage, get away with every illegal or irregular action or decision. The absence of an effective system of accountability within the Executive, results in increasing suffering and miseries of citizens.
The performance of the Judiciary too is not aboveboard. Courts dockets are bulging and cases linger on for years, if not decades. The great-great grandchildren get verdicts of cases filed by their ancestors. And convicts get hanged or complete sentences before being found innocent by the appellate courts and ordered to be released.
A litigant, having once suffered the ordeal of trial, will never enter the citadel of justice again. The costly litigation and abnormal delays indeed make mockery of the Constitutional mandate, asking the State to “ensure inexpensive and expeditious justice”. The principle of the “independence of judiciary” is secured at the level of superior courts but its benefits have yet to reach the common litigant. The judges of subordinate courts are left at the mercy of groups of hooligans, masquerading as lawyers. Chief Justices come and go without doing the needful, to wit, reforming the system. Some make tall promises at the time of elevation, but their words never materialize. The National Judicial Policy (2009), the first and last in judicial history, which performed well in clearing backlogs across the judicial hierarchy, was soon abandoned by the successor Chief Justices. Ever since, pendency is rising and courts dockets are bulging.
Ever since Independence, governance is on a downward spiral in Pakistan. The deterioration is visible across all organs of state and all departments of government. The incumbent federal government won election on the slogan of “Tabdeeli” (change), but it remains illusory. The inefficient performance and successive “U-Turns” on policy issues, make this regime no different from its predecessors. Thus, the gloomy scenario goes on and on. Disturbingly, there is no silver lining either on the horizon! Perhaps, time to think of system change!
