Analysis: Within its domain, SC gives fair decision
If the government, police and rangers can act transparently, it would help in weeding out criminal elements.
The suo motu case started with a bang and concluded yesterday upon the Hon’ble Supreme Court having announced its verdict and quoting James Bryce, “Patriotism consists not of waving the flag, but in striving that our country shall be righteous as well as strong,” has given a long list of actions to be taken by the provincial government.
After all, the media’s wait to sensationalise the judgment of the Supreme Court could not materialise. The judgment has criticised all political parties, holding each one of them responsible for the looting and extortion (bhatta) from the citizens of Karachi and the barbaric killings. Though after the commencement of the proceedings in the suo motu case, there was a reduction in crime, the question is whether this is temporary or would the judgment thus rendered, create some sort of permanence.
(Read: The Supreme Court on Karachi)
I do understand that the Supreme Court, while addressing the issue, was acting within the domain provided by the Constitution. One must appreciate, that remaining within its domain, the Supreme Court has rendered a judgment taking into account the entire issue at hand. Some say that the judgment is a mild one, but I feel that it has done well for all. It is fair and has given guidelines and directions. A system of monitoring has been put in place. I do not understand why people expected more than what the Supreme Court has correctly done. What the Hon’ble Supreme Court actually said is what needs to be understood. They have said that the provincial government has failed to protect the lives, property and the fundamental rights guaranteed by the constitution. They have directed the provincial government to act according to the law and the constitution and to take action against criminal elements. It has further directed courts and tribunals to conclude the trial immediately.
The Supreme Court cannot go into the details of the killings because it is the duty of the trial courts to act and the duty of the prosecution, investigation agencies and the police to gather evidence and place the same before the courts of law.
The Supreme Court has warned politicians not to interfere in the actions of the police department. We do recall that the inspector-general of police had said that almost 30% to 40% of the officers in the police department have been appointed politically. He had further said that he had no power to even transfer a DSP and how could he then be expected to do his duty and continue to act diligently and honestly. It was his suggestion that the Police Order 2001 should be restored. Yes, what he said was correct, but this was not the forum. For this a separate action needs to be commenced. However, the Hon’ble Supreme Court has said that the provincial government would ensure non-interference in the action of the police and the Rangers, who have been directed to act diligently.
If the government, police and Rangers can, consequent to the directions of the Hon’ble Supreme Court, act transparently, across the board without any protection to any political party, it would help in weeding out criminal elements, leading to the return of Karachi as it was, peaceful and vibrant.
The writer is a Senior Advocate of the Supreme Court of Pakistan and is the president of the Sindh High Court Bar Association.
Published in The Express Tribune, October 7th, 2011.
After all, the media’s wait to sensationalise the judgment of the Supreme Court could not materialise. The judgment has criticised all political parties, holding each one of them responsible for the looting and extortion (bhatta) from the citizens of Karachi and the barbaric killings. Though after the commencement of the proceedings in the suo motu case, there was a reduction in crime, the question is whether this is temporary or would the judgment thus rendered, create some sort of permanence.
(Read: The Supreme Court on Karachi)
I do understand that the Supreme Court, while addressing the issue, was acting within the domain provided by the Constitution. One must appreciate, that remaining within its domain, the Supreme Court has rendered a judgment taking into account the entire issue at hand. Some say that the judgment is a mild one, but I feel that it has done well for all. It is fair and has given guidelines and directions. A system of monitoring has been put in place. I do not understand why people expected more than what the Supreme Court has correctly done. What the Hon’ble Supreme Court actually said is what needs to be understood. They have said that the provincial government has failed to protect the lives, property and the fundamental rights guaranteed by the constitution. They have directed the provincial government to act according to the law and the constitution and to take action against criminal elements. It has further directed courts and tribunals to conclude the trial immediately.
The Supreme Court cannot go into the details of the killings because it is the duty of the trial courts to act and the duty of the prosecution, investigation agencies and the police to gather evidence and place the same before the courts of law.
The Supreme Court has warned politicians not to interfere in the actions of the police department. We do recall that the inspector-general of police had said that almost 30% to 40% of the officers in the police department have been appointed politically. He had further said that he had no power to even transfer a DSP and how could he then be expected to do his duty and continue to act diligently and honestly. It was his suggestion that the Police Order 2001 should be restored. Yes, what he said was correct, but this was not the forum. For this a separate action needs to be commenced. However, the Hon’ble Supreme Court has said that the provincial government would ensure non-interference in the action of the police and the Rangers, who have been directed to act diligently.
If the government, police and Rangers can, consequent to the directions of the Hon’ble Supreme Court, act transparently, across the board without any protection to any political party, it would help in weeding out criminal elements, leading to the return of Karachi as it was, peaceful and vibrant.
The writer is a Senior Advocate of the Supreme Court of Pakistan and is the president of the Sindh High Court Bar Association.
Published in The Express Tribune, October 7th, 2011.