Survival Hidden in Justice …

Glaws in the justice system have to be rectified

“Injustice anywhere is a threat to justice everywhere,” once said the Rev Martin Luther Jr.If we  apply it in Pakistan by emphasizing the interconnection of justice and human rights, when injustice occurs in any part of Pakistan, it undermines the overall integrity and fairness of the nation’s legal and social systems.

Similarly, during World War II, when the German air force was wreaking havoc over London with its incessant bombing attacks, the British Prime Minister Winston Churchill took cognizance of the heavy casualties and economic devastation. He asked, “Are the courts functioning?” When told that the judges were dispensing justice as usual, Churchill replied, “Thank God. If the courts are working, nothing can go wrong.” Can we apply the same principle to Pakistan’s Courts to know whether we are moving in the right direction to heal up our internal crises? Although we are not at the edge of war, Pakistan is suffering a bundle of crises.

Although Pakistan is a Muslim State and there is no other way of thinking, either we have to follow the Qur’an and its excellent  legal system to make our life easy and prosper, or you blindly follow  systems borrowed here and there, but one thing is very simple to understand that if the Courts are functioning and delivering real and instant and inexpensive justice then nothing can go wrong nor is it required to make institutions of handling out charity

There is absolutely no other institution which describes the solution of these problems which arrested Pakistan in a big trouble; whether to first resolve economic issues or look at political unrest or manage to handle the load shedding issue or the price hike, as other culminating issues too are seeking the instant indulgence of our governments which is looking helpless.

There have been various instances and allegations over the years where the Pakistani government has been accused of ignoring or undermining justice, such as by political interference in the judiciary, and there have been numerous accusations of political interference in judicial processes. Governments in Pakistan have been accused of influencing judicial appointments, transfers, and decisions to serve political interests. This undermines the independence of the judiciary and erodes public trust in the legal system.

Similarly delayed justice: the judicial system in Pakistan is plagued by severe delays due to an overloaded court system, inadequate infrastructure, and procedural inefficiencies. Many cases take years, even decades, to be resolved, which denies timely justice to the citizens.

Human rights violations are an open secret, amd there have been consistent reports of human rights abuses, including enforced disappearances, extrajudicial killings, and torture by state agencies. These acts are often carried out with impunity, and there is little accountability for the perpetrators.

The real hub of every problem is corruption within the legal and law enforcement systems is a significant issue. Bribery, nepotism, and favoritism can influence legal outcomes, which means justice is often available only to those who can afford it or have connections.

Another alarming point is discrimination. So many groups, including religious minorities, women, and marginalized communities, face systemic discrimination within the justice system. Their cases are often not given the same priority or seriousness as those involving more privileged individuals.

Everybody is ignoring the vital issue of weak rule of law,where the enforcement of laws is often inconsistent and selective. Powerful individuals and groups can often evade justice due to their influence, while ordinary citizens face the full brunt of the law. The jails of entire Pakistan are full of these type of prisoners who are helpless.

Another bothersome issue is that of military courts and civilian trials,and the establishment of military courts for trying civilians, particularly in terrorism-related cases, which has raised concerns about fair trial standards. These courts operate under different rules and are perceived to lack transparency and accountability.

On the on hand we are not providing justice while on the other the poverty index is rising like the heat wave presently taking control of our country. Once Nelson Mandela said “You can’t finish poverty by charity, but it will be finished by justice.”

The concept of justice holds profound significance in various aspects of society, philosophy, and governance. Its importance can be understood through several key dimensions, moral and ethical foundations. Justice is a core principle in moral and ethical systems, guiding individuals and societies in determining what is right and wrong. It embodies fairness, equality, and respect for rights, ensuring that individuals receive what they are due.

Justice creates social harmony, Justice is crucial for maintaining social order and harmony. By ensuring fair treatment and addressing grievances, it helps prevent conflicts and promotes a sense of trust and cooperation among community members.

Only a powerful  legal system is the main solution as Justice is the cornerstone of legal systems worldwide. It ensures that laws are applied equally, protects individuals from arbitrary rule, and upholds the rule of law, which is essential for a stable and predictable society.

Our Constitution protects human rights and Justice is closely linked to the protection of human rights. It ensures that individuals’ rights are recognized, respected, and enforced, preventing abuses of power and safeguarding human dignity.

It also provides economic equity. In the economic sphere, justice seeks to address inequalities and ensure fair distribution of resources and opportunities. This includes addressing issues like poverty, discrimination, and access to education and healthcare.

Presently we are lacking democratic governance, Justice is vital for the functioning of democratic systems. It ensures that political processes are fair, leaders are accountable, and citizens have equal participation in governance.

Justice is essential for fostering fairness, protecting rights, maintaining social order, and ensuring the equitable distribution of resources and opportunities. Its pursuit is fundamental to the well-being and progress of individuals and societies.

Although Pakistan is a Muslim State and there is no other way of thinking, either we have to follow the Qur’an and its excellent  legal system to make our life easy and prosper, or you blindly follow  systems borrowed here and there, but one thing is very simple to understand that if the Courts are functioning and delivering real and instant and inexpensive justice then nothing can go wrong nor is it required to make institutions of handling out charity.

Akhtar Aly Kureshy
Akhtar Aly Kureshy
The writer is an Advocate Supreme Court of Pakistan, Law Professor, member International Bar Association and former Assistant Attorney General for Pakistan.

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