Public Administration in Justice

Submitted to: Sir: Mustafa Haider Date of Submission: 21/12/2012 Submitted by: Roll no: 26

Abstract: This article is about the situation of Justice in Pakistan. The promotion of justice and rule of law are of paramount importance. The situation of justice in Pakistan is not only bad but it is becoming worse. The law maintaining agencies are not performing their duties in a right manner. In Pakistan polices are made but not implemented due to which many people have to face the situation of injustice. In Pakistan law implementing agencies are holding their seats only for doing corruption, for not resolving the critical situation of injustice that the people are facing day-to-day. There are many cases pending in the courts of Pakistan till yet. These cases delayed because of the lack of interest of these agencies. In Pakistan, the judiciary has failed to protect the rights of the people. The law is implemented only on the poor people not on the elite class. The elite class enjoys the fruit of breaking the law where as poor people live their whole life in the sphere of law. The government is not providing the basic necessities of life such as food, shelter and clothes of which they had made a promise. This whole situation of Pakistan is due to the implementation of disaster policies in the state as well as corruption.

Body of Knowledge: Justice is a concept which provides meaning and significance to life and makes the rule of law dynamic. In a welfare state justice must be treated as cardinal and paramount. Unfortunately the sitting PPP Government has deprived people of evens their basic rights instead of providing them social justice. An elected government is custodian and trustee of the financial, natural and human resources of the country and therefore, has the obligation to bequeath these resources to the future generation in ways that are qualitatively and quantitatively superior. For this to happen, economic policy reforms, institutional strengthening and investment in human and physical capital have to take place simultaneously. Contrarily the key institutions of the country are now in a state of serious disarray and decay due to bad policies of the Government. A number of solid institutions had been established at various levels in diverse areas of the economy. However, with the passage of time, due to increased political interference and arbitrary instructions from the top have made most of them ineffective and impotent, rendering them unable to perform the tasks for which they were set up. Most of these institutions have now become fragile. Patently this regime is corrupt and the worst ever but they are still entitled to due fairness.

Take the example of Momogate! Nobody consider it as a case of military or judicial supremacy and everybody wants this matter to be thoroughly investigated simply because the people of Pakistan feel that their security and that of beloved countrys has been compromised by this memo. Fact is that a memo does actually exist. Therefore it does need investigating thoroughly to establish who is responsible for it. I dont understand what is the issue with an independent investigation? Nobody can really believe that a parliamentary committee dominated by PPP members will investigate it impartially? If the Federal Government had nothing to hide on this memo scandal, why would they be fighting vociferously to stop the Supreme Court investigating the case? If they had nothing to hide they should not fear the outcome of the case. Actually it is quite evident that if the Supreme Court or any other agency decides anything, even if just, but not in favor of this Government, becomes a black thing, and this government attacks the Supreme Court by ridiculing it in the media. This Government and the institutions functioning under it are defying the constitution by not listening to the Supreme Court judgments.

Now come to NRO. The Supreme Court struck down the NRO as being unconstitutional, but its rulings were never widely implemented by the Government. The Government says that the blanket protection provided to corrupt politicians under NRO was okay in the name of democracy? In the 4 years of this so called democracy, rampant corruption, systematic breakdown of institutions, detonating law and order, and cropping economic crisis, should all this be also blamed on the army like other failures of the Government are being put in Armys basket? Prime Minister and the President who, being the most vital part of Government, should be the main promoters of important public values such as justice, liberty and equality, essential to a good society, are themselves openly taking a very ridiculous stand the

government would not allow the trial of the grave of Benazir Bhutto. According to a thinker Louis Dembitz Brandei, Our government teaches the whole people by its example. If the government becomes the lawbreaker, it breeds contempt for law; it invites every man to become a law unto himself; it invites anarchy. The Prime Ministers actions reek of protecting the President over our system of democracy and have not attempted to protect it. The PPP and its defenders have been openly stating that the Supreme Court is against its Government. Contrarily the public at large is now of the view that Supreme Court is siding the Government and providing it a space to complete its term by lingering on even serious cases pending against the Government including NRO implementation contempt case. There are several other cases pending for implementation. The Supreme Court has shown extraordinary leniency and restraint for the last two and half years which emboldened President Zardari and his team to flout Supreme Court decisions as well as to ridicule and humiliate while conducting media trial of the Supreme Court. If the Prime Minister or his Ministers had deliberately delayed or not implemented the Supreme Court orders, contempt proceedings should have been initiated and verdicts handed out irrespective whether the system derails or not. Law is law, for poor or ruling elite, law must be blind. Certainly, the nation would have fully backed all such Supreme Court decisions. While it is true that Pakistan faces anarchy like conditions today, yet keeping in view previous four years experience it is highly unlikely that the Supreme Court would take notice of the prevailing chaos, lawlessness, and institutional breakdown. The people in streets are of the view that Mr. Iftikhar Muhammad Choudry has joined hands with the PPP Government and providing these oppressors space to complete their tenure and plunder rest of the resources. If the Supreme Court was sincere in implementation of its orders, the Army could be ordered to make an intervention under Article 190 of the Constitution to get its verdicts implemented specially against the top ruling elite. The poor people of Pakistan are constantly crying nobody is stepping in to help them who have been pushed to hunger, poverty, unemployment and starvations. Though Army should not be expected to making any unconstitutional move, yet it could intervene to stop rampant corruption and devastation of national institutions in the current dismal state of affairs, like it had interfered in restoration of judiciary. The people are of the view that if the Army remains a silent spectator should corrupt and unreliable politicians would create conditions that really endanger the countrys integrity and sovereignty. The people of Pakistan had pinned high hopes on the Supreme Court which had severally assured them they should not be disappointed. On the contrary the Supreme Court has now time and again given a verdict that policy decisions are the prerogative of the executive; it seems the poor people of Pakistan have no human rights or prerogative and they are merely slaves of the System the Supreme Court and other institutions are protecting. Protecting prerogative of the executive does not mean that the Apex Court should not intervene to enforce the rule of law. This country was never made on the name of such like fake Democracy. This country, if anything, was made on the name of Justice, that we would give equal rights to everyone; we would do justice with everyone instead of protecting only the ruling elite. It is the job of the judiciary to promote, safeguard and protect the fundamental rights of citizens enshrined in the constitution.

The timely intervention of the Supreme Court in the destruction of public institutions by corruption, nepotism, appointment of incompetent cronies could have saved these national assets. Artificially creating shortage of gas for import of LNG and rampant load shedding for import of rental power plants could be stopped at the very outset if Supreme Court would have timely interfered in the matter, which has now pushed the nation towards starvations. This situation clearly gives the impression the Apex Court is subject to pressure from the executive branch. Overall, the public lacks confidence in the Pakistan justice system which undermines the rule of law and contributes to rising violence, including crime, terrorism and human rights abuses, and provide full protection to the Cruel System. The Honorable Chief Justice has recently stated in his address to Peshawar District Bar Even the worst democracy is better than the best dictatorship. The country will finally get true leadership free of corruption after the gradual process of weak democratic system as witnessed in Europe and USA, The common people roaming in the streets are frantically in search of food, jobs, business, education of their children, work, electricity, gas, petrol, clean water, healthcare, and peace doesnt give a flying heck to the pro democracy statements of the Apex Court.

My Lordship! Democracy and Dictatorship etc. are just forms of Governmentthe names of different Political systems. Both it can be at the same time good or bad. Unfortunately, every system we experienced, the nation suffered the horrible side effects of the underlying system, even in so called democratic regimes more. As the result of the current sort of democracy the nation is rethinking, which is best form of government, democracy or dictatorship. The imperative system is Justice what everyone needs. It is when the Chief Justice of Pakistan said we will not give any verdict that will derail the system so it means it is not justice. It is simply an effort to stabilize the system under the law of necessity which is stated by the Honorable Supreme Court to have been buried. If system is that weak so how it can protect 180 million people? Supreme Court should not ignore that Pakistani citizens face a far greater threat to their rights than their other counterparts in other countries, and thus, they deserve a court that is not concerned with the satisfaction of procedural formalities. These formalities have helped to establish the stable democratic systems that are able to protect citizens rights. The unequal administration of justice is threatening the Apex Courts credibility. Today general perception of the people is that Supreme Court remains the same as Supreme Court for politicians, corrupt people, and bureaucrats and for all those who have long hands as usual.

Every single day our daily newspapers are filled with details of our key political players, their controversies, their statements, their plundering national institutions, their empty promises, their unrealistic plans, printing huge volume currency on daily basis, getting unsustainable external debts etc. and so on. Sure, democracy is vital but what about the 180 million people who are made dieing in hunger and starvations, who have been left with no sources to educate their children, who cannot afford medicine even in severe ailment, who have been constrained to quit the use of electricity and other utilities by imposing unprecedented tariff hike, who have reduced their diet due to inflation and now suffering from malnutrition? What about the small girls who are raped and killed? What about the

flood victims who are waiting aid even today? Are their stories not as important, if not more? Are these 180 million social animals having no human right? Are all prerogatives are reserved only for the ruling elite and rich? There is a sentiment among many in Pakistan that there is no accountability for any act, and that those connected to power can get away with anything.

The people of Pakistan can now be seen in streets and teahouses whispering Honorable Chief Justice of Pakistan has disappointed the nation. The country is in war, institutions are colliding, country is sinking in debts, a play of divide and rule is going on, crisis after crisis is engulfing the nation, war is being waged against us on all axis through multiple strategies adopted by U.S and West, most probably in collaboration with our rulers. On the other hand after Senate election the government has got a breathing space to rob loot and plunder even more while the ship sinks rapidly. The Supreme Court might know the law; they have not shown the urgency and the wisdom which was required in this crisis. The law should be a shield for the poor and powerless people, not for any cruel system like ours. Supreme Court should have sided with the justice and the nation not rules and procedures.

My Lordship! Islam insists and demands that all officials of the Islamic State, whether he be the head or an ordinary employee, are equal in the eyes of the law. None of them is above the law or can claim immunity. Even an ordinary citizen in Islam has the right to put forward a claim or file a legal complaint against the highest executive of the country. My Lordship! Turn the pages of our history, when a woman belonging to a high and noble family was arrested in connection with a theft. The case was brought to the Prophet Muhammad (Peace Be Upon Him), and it was recommended that she may be spared the punishment of theft. The Prophet (Peace Be Upon Him) replied: The nations that lived before you were destroyed by God because they punished the common men for their offences and let their dignitaries go unpunished for their crimes; I swear by Him (God) who holds my life in His hand that even if Fatimah (Razi Allah Taala Anhu), the daughter of Muhammad ((Peace Be Upon Him), has committed this crime then I would have amputated her hand.

Justice must be evident and should appear to be done. Justice cannot be limited to the courts but must permeate and become an integral part of society, the state and the system. Rights cannot be seen as disconnected from justice. If the state is unjust, if it abdicates its responsibility to dispense justice, people can neither claim nor protect their rights. The reality in Pakistan today is the continuing violation of all basic rights of the people by the state. Judiciary has failed to protect the rights of the people repeatedly over the last six decades. Pakistan needs a revolution where heads have to be rolled and all these people who are plying this slow suffocation game of planted, imported, imposed, rigged and incompetent so called democracy game must be brought to justice. We need a change of the system, a new approach, to start with, enforce all the laws and judgments against all the current political crime families, mafias, ethnic goons and bring them in front of the courts handcuffed and be disposed of no more than 90 days. Change cannot happen only by formulating policies or making laws. There should be

an institutionalized structure in place for implementation, with an effective, transparent and decentralized mechanism to monitor the implementation and register and resolve complaints within a specified time. I think its high time that we establish a framework/roadmap such that corruption can be mitigated or reduced to the minimum, and will eventually lead to a corruption free and just Pakistan. There must be uniform application of law for all citizens, irrespective of their status and position. The common citizen should have confidence that he can obtain due justice from the system and there will be no discrimination or bias in favor of the rich and powerful. The time has come for the judicial system to be made pro-people. The courts should ensure that people get not just their rights but justice as well.

Conclusion: Justice plays a paramount role in any country but unfortunately it is absent in Pakistan. There is pack of wolves that are doing their corrupt work in the name of justice. The situation of justice in Pakistan is getting worst day by day. There is no name of law of equity, as rich people are becoming richer and the poor are becoming poorer. The military officers are joining Government instead of providing defense to country. No one complies the law just because the law enforcement agencies are sleeping. If this situation continues then that day is not far when Pakistan will be top listed in category of Injustice.

Recommendations: Supreme Court should take stringent action on the government to solve the situation of injustice in Pakistan. Corruption should be removed from all the departments. Implement the laws against the criminal rackets, mafias etc and handcuffed them in front of the court. There should be law of equity for everyone, no one should be considering greater than the law. Government should provide the basic necessities of life to all. Military must stay in their barracks and do not try to take over the government.

References: http://www.viewpointonline.net/gods-of-justice.html http://pakistanilaws.wordpress.com http://www.geotauaisay.com http://www.thenews.com.pk/ http://article.wn.com