Justice on trial

The concept of justice is integral to the success of many modern political systems, with democracy being no exception. It is rooted in the philosophy that unless public affairs are managed in accordance with established democratic norms of fairness, the objectives of inclusive social wellbeing will remain unfinished. Though every institution and even individuals hold a stake in guaranteeing social justice, the judiciary, being the custodian of rights, shoulders the highest responsibility. The societies that evolved a vibrant and independent judicial system have achieved socioeconomic prosperity, a vibrant political culture and a distinctive status in the world.

However, those who meticulously shaped the facade of justice along Orwellian lines ultimately fashioned an inept judiciary which, instead of upholding the writ of law, subjects justice and public rights to trial. Unfortunately, Pakistan’s judiciary exhibits the classic characteristics of inefficiency. This has been manifested, among many things, in the country’s desperate struggle in the midst of socio-economic, political and constitutional chaos for decades now. The country’s 129^th position out of 140 in the World Justice Project’s Rule of Law Index 2022 underscores the increasing disdain for supremacy of the law. Similarly, the recent ranking by Transparency International Pakistan, placing the judiciary as the third most corrupt institution, testifies to this. However, the ground realities suggest that these rankings are often underrated, representing just the tip of the iceberg. This is evident, among other things, in the erosion of public hope for justice.

Contrary to the oft-quoted legal maxim, “justice should not only be done, but it should be seen to have been done”, justice in our country is rarely seen and observed. The judicial system hardly bodes more than a procedural formality that operates at the expense of the public exchequer and time, almost to the detriment of the aggrieved. Unlike what one might expect, the country’s judicial system has been, in one way or another, putting justice and the oppressed on trial. In doing so, it is presiding over the burial ceremony for a fair trial, public rights and the myth of its independence.

As a result, the injustice of pandemic proportions has transformed our society into a cradle of criminality. Here, one can be deemed a culprit by doing right or by committing no wrong at all, while a person engaging in the maximum possible wrongdoings can be considered dignified. A suspect of mere bread theft faces justice in its truest form, while one involved in looting, plundering and exploiting public lives stands dignified under state protocol.

Rather than standing with the aggrieved, the Constitution and the law, most jurists throughout history have chosen to retire in the lap of power and personal privileges. They prioritise their pensions, promotions and post-retirement reinstatements over delivering justice. They have traded their soul, the law and the public rights for selfish ends. Against this backdrop, the redressal of grievances depends on one’s ability to influence the judicial system by manipulating evidence and prosecution in one’s favour. In essence, justice in Pakistan is not always a fair attainment of one’s rights but a luxury reserved for the affluent in society. Had the judiciary been effectively dispensing justice, our society wouldn’t have been in the clutches of chaos.

What underlies this paradoxical judicial mess? Colonial legal and procedural legacy, overemphasis on contempt of court laws, paid and politicised judicial appointments, judicial patronization and exorbitantly disproportionate perks from public taxes have contributed to the decay of the judiciary in the country. Also, the lack of judicial accountability and its criticism have turned it into an authoritarian institution with a rare disregard for public lives, laws and the Constitution. Unless an overhaul is made by a popularly mandated government, the judiciary, and other institutions, will keep on pilfering the labour, rights and lives of the people.

Published in The Express Tribune, December 17^th, 2023.

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