Erosion of faith in judiciary breeds violence and disrespect for law enforcers
https://arab.news/8tqq9
The Tehreek-e-Labaik (TLP) protests continued unabated for days despite the government’s stern warnings and calling the organization a militant outfit.The massacre of the Punjab police at the hands of the TLP protesters multiplied the government’s anger.As unfortunate as it may sound, the fact cannot be ruled out that the law enforcers lacked the training and strategy to square off with the TLP rogues. It is not the first time that TLP protesters have taken the police down, and was a repeat telecast from February this yearwhen the group brought Lahore to a standstill for two days.There is no doubt that the TLP made a criminal offense by attacking and killing police officers. However, it also speaks volumes about Pakistan’s criminal justice system, of which the police force is the critical link, other than the prosecution and judiciary.
In its latest report, the World Justice Project Rule of Law Index 2021 has given Pakistan 130 position out of 139 countries in the areas of order and security, whereas it has placed Pakistan in the 108th, 124th, and 123rd position in the areas of criminal justice, civil justice, and regulatory enforcement.The World Justice Project has also consistently ranked Pakistan as one of poorest performers on its Rule of Law Index. According to the 2020 rankings, Pakistan is the ninth worst performing state globally and the second worst performing state in South Asia.
These are not encouraging rankings.
A country’s criminal justice system is the reflection of the condition of its rule of law.The custodians of the law sitting in the legal chambers of the country courts determine the quality of the law dispensed on streets, in police stations, by regulatory bodies, and government institutions and departments.
The constitution of Pakistan underscores the implementation of the rule of law in various provisions, especially Article 4 and 5.The former speaks of guaranteeing every citizen the right to be dealt with according to law, while the latter makes it mandatory for every citizen to obey the rule of law.This two-way street of dispensing and obeying the law is what makes a state powerful and successful.
In the Lahore High Court, against the required capacity of 70 judges, only 34 are posted.The domino effect of this algorithm has been a conviction rate as low as 3 percent and the erosion of faith in the judiciary, which breeds violence and disrespect for law enforcers, as witnessed in the TLP protest.
Durdana Najam
In countries with a weak judicial system, this path is usually unpaved and marred by plunderers sitting at every corner to take advantage of the unruled. In time the ungoverned learn to appease the plunderer rather than the law enforcers for a compromised living.This is how cartels are formed.This is how mafias are built.This is how the rich get richer and the poor slide further down the poverty pit. A weak judicial system thrives on the nexus between powers.No wonder, as the pockets of the plunderers get deeper, the state gets more dependent on debt even to run the government.
This meddling into the affairs of the judiciary has been well explained by the US State Department’s Investment Climate Statements report for 2021. The report says: “Pakistan’s judiciary is influenced by the government and other stakeholders.The lower judiciary is influenced by the executive branch and seen as lacking competence and fairness. It currently faces a significant backlog of unresolved cases.”Going deeper into the report further lays bare the reality of the independence of Pakistan’s judiciary with remarks that cast doubts concerning the competence, fairness, and reliability of Pakistan’s judicial system.
No wonder this collaboration and dominance of ‘influencers’ has resulted in the slow grinding of the wheel of justice. According to the National Judicial Policy Making Committee of Pakistan, more than two million cases are pending cases in the Supreme Court, Federal Shariat Court, high courts, and the district judiciary.There is also a dearth of judges.For example, in the Lahore High Court, against the required capacity of 70 judges, only 34 are posted.The domino effect of this algorithm has been a conviction rate as low as 3 percent and the erosion of faith in the judiciary, which breeds violence and disrespect for law enforcers, as witnessed in the TLP protest.
While we feel proud of our friendship with China and Saudi Arabia, can’t we take a leaf from their judicial structure and build a legal system with zero tolerance for corruption.Pakistan will have to work on a war footing on alternative systems of justice, decriminalization of offenses, and a trained police force.Did not the PTI government come to power to challenge the status quo that breeds injustice?
- Durdana Najam is an oped writer based in Lahore. She writes on security and policy issues. Twitter: @durdananajam
