For the state to successfully prosecute terrorists, then the quality of evidence against them presented in court has to be of sufficient weight to give a better than 51 per cent chance of conviction. STOCK IMAGE
There is a dysjunction between the judiciary and the executive that has festered for years and is long overdue for repair. The Supreme Court is taking the government, specifically Prime Minister Nawaz Sharif to task for his critical remarks about its performance; remarks which are close to being the definitive iteration of the pot calling the kettle black. There are indeed weaknesses in the entire criminal justice system at any level that may be named, and these have contributed to an overall decay in the quality of case disposal and a vast backlog of unheard cases. The fact that there are such weaknesses present in the system is not in doubt.
However, the judiciary is absolutely right when it says that the executive has done little to improve the wider environment of justice, which includes the police and the prison system, both of which display serious flaws on top of deep systemic weaknesses and a propensity to corruption in both. For the state to successfully prosecute terrorists, then the quality of evidence against them presented in court has to be of sufficient weight to give a better than 51 per cent chance of conviction. Often that is not the case. The gathering of evidence at crime scenes is poor, its subsequent preservation often corrupted — or evidence is ‘lost’ — and police SOPs are often not adhered to. This gives the terrorists’ defence lawyers ample legal wiggle room in which to persuade the courts either to acquit or release on bail, both of which recycle the alleged malefactors back in to the community. The judiciary is short of judges, the executive pleads poverty and that it cannot afford to appoint them.
For 21 years, the judiciary has been pleading for jail reforms, mostly unheard. The ball goes back and forth over the net. It is time to draw a line under this sad state of affairs. There is a need to dial back on the rhetoric, and honestly and earnestly sit together to work out how to fix the broken wheel before the cart tips over completely. This is not rocket science, but it may require the consumption of a small portion of humble pie. Over to you, judges and lawmakers.
Published in The Express Tribune, January 17th, 2015.
Like Opinion & Editorial on Facebook, follow @ETOpEd on Twitter to receive all updates on all our daily pieces.
COMMENTS
Comments are moderated and generally will be posted if they are on-topic and not abusive.
For more information, please see our Comments FAQ