Turab made an impassioned plea and even though she did not mention any other civil servant by name, indicated that she was not alone in her outrage. She expressed shock and grief at the blind eye turned by the government of Sindh and its law enforcement agencies at this public humiliation of their colleagues and bemoaned the lot of civil servants whose honour had been compromised at the hands of not merely a member of the public but, in fact, a person aspiring to be elected as the people’s representative. The incorrigible Ms Shah, meanwhile, maintained a cavalier attitude, declaring before the media, that it was, after all, only a slap!
According to Article 184(3) of the 1973 Constitution, under which Turab has filed her petition, the Supreme Court can only take suo motu notice of a matter if it considers “that a question of public importance with reference to any of the Fundamental Rights….is involved”. In the Supreme Court’s view, this slap raised an issue of such grave public concern that it merits its time and immediate attention. The Supreme Court has already held two hearings in a span of 10 days, issued notices to the top brass of Sindh police and perhaps, most interestingly, declared that the slapping is more serious than the killing of a youth at the hands of Rangers in Karachi!
Whilst I fully endorse the intrepid Anita Turab, who has not only risked the wrath of the ruling party, but has also put her career on the line, I am dismayed by the barometer with which the Supreme Court appears to gauge the seriousness of events because, try as I do, I am unable to understand why this incident is more outrageous than an unlawful killing at the hands of the Rangers. I am also apprehensive by the narrow line of inquiry adopted by the Supreme Court so far, which appears to be focused on the treatment of civil servants, and especially, perhaps of women officers, rather than the significantly more important issue raised by the allegation that these election officers were allowing fake votes to be cast at their polling station.
No, please do not get me wrong: a slap is unwarranted, no matter what the circumstances. In fact, I am only sorry that the Election Commission of Pakistan (ECP) has only imposed a two-year ban on Ms Shah, and that, too, on a 3-2 vote, rather than a unanimous one (two commissioners, including the chairperson, were against the disqualification). My only concern is that in failing to order a thorough investigation of the events that led to the slap, the Supreme Court may unwittingly overlook the basis of the allegation and thereby compromise the transparency of the electoral process.
I wonder also, if in determining the rights of the civil service, the Supreme Court will remind it of its duties. The derogatory attitude adopted by even the lowest cadre of civil servants towards ordinary members of the public, who suffer the misfortune of having to deal with them, is no secret. Where is their honour when it comes to accepting petty bribes? Where is it when they shout at obviously under-privileged citizens or when they make them wait endlessly for a mere audience? Where is it when they indulge in blatant nepotism? Perhaps, this is an opportunity for civil servants, at all levels, to take a long, hard look at themselves and to realise that the respect, honesty and impartiality they rightly demand from politicians is also owed to the ordinary citizens of this country.
Published in The Express Tribune, March 14th, 2012.
COMMENTS (27)
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The SC is legally correct to take notice. It has jurisdiction and responsibility over issues of Civil Liberties and Rights that affect citizens.
@Umer: In principle, i agree that CJ should not be taking suo moto actions on every possible issue. but as a nation, why are we expecting everything from CJ? We should be asking these questions (regarding brutal killing of Shias/minorities) from the government. let the concerned institutions, if any, function. Pakistan is apparently one of most corrupt countries in the world but still our political elite would not table the accountability bill. apart from two politicians, i have not seen anyone being prosecuted for corruption. should we accept this if there is no corruption and if there is corruption, where is the institution?
In the first place, how do you know that the two women were slapped because they had allowed rigging? Secondly, what was the candidate herself doing in the polling booth, which is by law out-of-bounds for candidates? As for the slapping being like killing, please remember that it all begins with slapping. The other day, an MNA killed a senior government officer (Deputy Commissioner) who also happened to be his childhood friend. These feudals have to be taught to respect the law.
Still nobody is talking about Shia/Minorities killing or criticizing CJ for not showing any importance to it.
Good Luck Muslims!
@Qalandar Khan: Very fair and reasonable arguments by you. We agree that the EC should punish the candidate as they did for her out of control behavior. However, the difference comes when the PCO SC judges call slapping a worse crime than blatant cold blooded murders by law enforcement and take suo motu action on the drop of a hat. The SC being an appeals court has better things to do than become a lower trial court. Thanks and regards, Mirza
the slapping incident in itself is not serious but the signal it gives to the general public is very serious we know the reputation of politicians in our society that they are above the law and that they can get away with murder secondly the fact that it was shown on TV to millions of viewers made it essential for the court to make sure that a far stricter punishment was handed out than the initial incident warranted because if a leaner punishment was given it would have reinforced the earlier assertion about politicians. remember a murder extortion or any other crime is just that a crime but when these offenses are committed with the motive to terrorize people or subdue them then they are treated under terrorist laws the slapping incident was also an act of terror (not in the context of how our media use this word) it was a politician who was asserting to the public that she/them are powerful and can do anything they want.
@Amber I am against selective justice but Amber let us not pressurize the judiciary/election commission if they are doing something right. Let’s pressurize them for their inaction. If Supreme Court opens any case against PPP leadership then the normal argument is “since SC is not opening any cases against PML; no cases should be opened against PPP”. In my opinion, in order to promote a culture of 'justice for all', we should be arguing “since SC is opening cases against PPP; they should also open cases against PML”. In this particular case, I am with the poor school teacher and I fully endorse EC decision.
Though Slap is not just a slap its an infringement on someone's basic rights epecially if it comes from a position of authority towards a less privileged one. Unfortunately in our country, might is always right. killing by the rangers was certainly a more despicable act. Supreme court is certainly politicized and I can attest to that risking contempt easily. Is it freedom of speech. can you ever criticize or judge a court's ruling even if its blatantly wrong, the way people are ridiculed and made to look as inferiors by Judges isint it obvious. They are civil servants and should behave as such as nyone else would do in other spheres of life. I have been to court in Uk a couple of times to testify and the respect is so much over here even for suspected felons what to talk about witnesses like us, in a professional category.
The transparency of the election process has always been suspect. The very fact that a ruling party candidate can with impunity slap the presiding officers in the presence of a police official is proof enough. If the ' slap ' and what it stands for can be stopped, then may be the process would become more transparent.
the lawyers may continue to slap the judges of lower courts and police officials with impunity. A pragmatic supreme court.
@yousaf: How come the CJP does not take notice of lawyers slapping the judges of lower courts and police officials?.
Some time back , Indian Agriculture Minister was slapped and social Activist Anna Hazare remarked , "Only one slap !" .
`` People in the sub-continent are fed up with mis-governance , which is the mother of all evils and resultant misery of the masses . If the 'Governance' does not improve , people would be forced to take law in their own hands .
It is rubbish to make connection between the two different incidents gauging their severity. Both are important and must have been dealt with iron hands. Another sad part is the attitude of sindh govt and the ECP who was pushed hard before it took momentum to act against the feudal lady slapper. PPP has been lost somewhere in the mess.
The incident is of as grave a concern as the sovereignty of this country. The slapping only goes to prove how elections/voting is rigged, how "strong" candidates force people to vote for them, how feudalism will never allow democracy to work...
While killings in Karachi is right in your face violence, what waheeda shah did, that mentality, it is a cancer which is slowly eating us up from inside. It is weakening us from our very core, from our roots, and it really is crucial for our survival as a nation that people like her are banned and punished.
SC is right.
SC is proactive because other institutions are lazy or corrupt. Bear with this.
Ms Amber Darr, would you please comment on the torture of a civil judge by lawyers and later locking him in court room. No one is taking suo moto as they do not want to annoy lawyers mafia. Why CJ silent over this issue which happened after Waheed Shah?
"Slapping someone is a worse crime than the murder of an innocent man by the rangers". So said the Chief Justice of Pakistan or words to that effect.
So many shias and minorities are being killed and Chief Justice doesn't see any of it. No suo moto up till now...if you agree plz recommend my comment.
A slap like that of Wahida Shah would NEVER be tolerated in America. The outlash would be far more severe had some government official done that in a voting both. And the political parties always ask their member to step down if they did something wrong (As the Democrats did with Anthony Wiener). They would never defend someone who was wrong just because they are a member of their party. That's terrible behavior on the part of PPP.
Even in America police get away with brutality all the time. Its bad, but we have to be careful because after putting their life on the line to catch criminals day in and day out, Police do sometimes commit crimes that should not happen. But its incidental and human and does happen.
The Waheeda Shah incident is infact another slap to the people of Pakistan especially to the die hard PPP supporters who still vote for these good for nothing rodents.
These SC judges have sided with the general abrogating the constitution and taking fresh oath under his PCO. These judges have not brought any general to the court for multiple acts of high treason in its entire history. However, according to them the slap is worse crime than even a blatant murder by security forces. Worst crime than mutilation and constitution? In Pakistan and other countries people fight every day. However, in no country the SC has time to spare to grab every opportunity of slaps and punches thrown. Too many judges too much time and too much power to make their own choices. This case should have been sent to a lower court and have them try it out and punish the culprit to max according to the law. The SC is an appeals court and should not try every little crime at will.
Bravo Miss Dar!
I was shocked to read the comment by the judge too before I realised that it totally makes sense when you see the Court verdict.
In simple words CJ was brave in admitting that the judiciary is okay with armed forces murdering civilians but a politician slapping a teacher is not off the hook!
@author:--All accepted your apprehensions are more assumptive than factual.You said"PERHAPS of women officers" and "ALLEGATIONS of fake votes being allowed to be cast by the said officers".The killing of Sarfraz at the hands of FC personnel no doubt was a heinous crime,but this SLAP was in clear violation of the writ of the government.If it was allowed to go unpunished it would create a precedent with undesirable consequences i.e.disrespect,for a teacher,for the writ of government (already being violated by government functionaries) and an example for other members that it is a free for all "game".Therefore I think that SC has taken a timely and correct decision
I am totally dismayed at such thoughts, which are reflected in your article. The matter of slapping was far more serious as it was the tipping point for the beginning of the end. The end of feudal illiterates using force to get their way. Without worrying about the consequences. Fundental rights is the most essential point in our constitution. A constitution is always a mother of a nation. If you are wise enough I don't have to elaborate more on the whose face pu beloved Ms waheeda Shah slapped.
All bodies and istituions needto be refomed rule of law is the most important correct it everything will fall in line there is no rule of law in pak that is the problem which fpriegn listed company would want to invest in a nation were there is no implemantation of law shareholders would be horrified only captain and cj can change it with thr help of the ppl land of the purei?
I wish supreme court solve problem of injustice from gross root level. Society don't need popular justice but justice.