Can ideas be chained?

Thrashing, intimidating and arresting journalists, bloggers, social media activist, thinkers and human rights activists continue unabated in a country that claims to be a democracy under a constitution.

Such intimidations are customarily addressed through a few words of condemnation by a few state functionaries, and no offenders are ever brought to justice. Obviously, with no deterrence, no end to such acts is in sight.

The violence meted out to senior journalist and analyst Ayaz Ameer in Lahore was highly shocking and serves as a grim reminder of the weakness of the state to enforce its writ. Ameer was dragged out of his car, punched on to the ground, kicked all over his body, and deprived of his mobile phone. He suffered injuries in the face too. If the shameful episode of arrest and handcuffing of Irfan Siddiqui, a veteran journalist, was abominable, the treatment meted out to Ameer is equally in negation of human dignity and morality.

The ideas Ameer expressed at the Islamabad High Court Bar Association function held a day before he was mistreated might have irked someone within the power structure of the state. But if his speech was inflammatory for some, due process of law should have followed.

State institutions in Pakistan – a country ruled under the Constitution – are not only required to protect the fundamental rights but also to follow the law. Fundamental rights are intertwined with the rule of law, and due process of law is intrinsic to the rule of law.

The Constitution of Pakistan unequivocally guarantees fundamental rights, proclaiming not to deprive any person of life or liberty, or his right to move freely. Simultaneously, it guarantees that every citizen shall have the right of speech and expression, and there shall be freedom of the Press. However, reasonable restrictions have been placed on such freedoms.

Superior courts have also placed those fundamental rights at the highest pedestal of the political system. In 16 C.J.S Art. 213 Constitutional Law it is stated that “freedom of speech and freedom of expression are fundamental personal rights and liberties which are the cornerstones of democratic institutions”. Similarly, Blackstone in his commentaries states that “liberty of the press is indeed essential to the nature of a free State”.

Article 19 of the Universal Declaration of Human Rights provides that “everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.”

Of course, all those lofty ideals and beautiful phases sound quite appealing, but for them to flourish in our daily life, conducive environment, based on tolerance, is a must. Without an enabling environment, these are just dead words and thus meaningless. These high-sounding ideals need to be put into practice for true democratic values to take root in society.

One of the senior leaders of the ruling coalition, Pervaiz Rashid, while condemning the attack on Ameer, stated that all agencies responsible for the protection of citizens must arrest the perpetrators as soon as possible and bring them to justice. But merely issuing a statement on behalf of the government does not suffice. People will keep questioning the ability of the state to protect rights of the citizens. Failure in this respect brings nothing but ignominy, ranking us low in terms of good governance.

We have to be mindful of the fact that rule of law and accountability are the prerequisites of good governance. Under this concept, no one is above the law. Therefore, we have to ensure rule of law and not rule of men. Gone are the days when King Louis in France would say “I am the law”.

Without going further into the discussion, I would conclude through a paragraph from an earlier article of mine headlined ‘Irfan Siddiqui episode’: “The episode is not to be analysed in mere technical terms but in the perspective of the whole gamut of justice of which protection of the fundamental rights is the pivot. The High Courts and the Supreme Court invoke their inherent jurisdiction whenever a question of fundamental rights is involved, particularly having impact on society at large. Seen in this light, the incident does not appear to be an isolated act but speaks of the mindset of the system based on total annihilation of dissent and subjugation of the voices of dissent. Sporadic off-hooking of TV channels, blackout of public meetings and processions of specific political personalities, arm-twisting, targeting, voice recording, vilification and allegations of treachery are all reflections of a despotic mindset. The art of propaganda is so strong that the truth fades away before falsehood. An atmosphere of George Orwell’s ‘Animal farm’ appears to have been created, a dystopia where the ideal is rejected.”

Here the fundamental question is: can ideas be chained? In the words of Faiz:

If they snatch my ink and pen,

I should not complain,

For I have dipped my fingers

In the blood of my heart.

I should not complain

Even if they seal my tongue,

For every ring of my chain

Is a tongue ready to speak.

So do not try to chain ideas. Following the incident, former premier and PTI chairman Imran Khan condemned the assault on the senior journalist. “I condemn in strongest terms the violence against senior journalist Ayaz Amir today. Pak[istan] descending into the worst kind of fascism with violence & fake FIRs against journalists, opp[osition] politicians, citizens. When the State loses all moral authority it resorts to violence,” Imran Khan tweeted.

Published in The Express Tribune, July 6^th, 2022.

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