Black coats versus black shirts

Professionals from both sides should stay away from those in their communities but involved in extrajudicial tactics

It seems that Daska will not be the last battlefield between lawyers and policemen; it definitely was not the first clash between two significant actors of the criminal justice system. The recent gory incident gave birth to a few questions. By applying a diagnostic approach, answers of these questions need to be explored as an exercise in hoodwinking may only give birth to more such eventualities.

In a society where two integral components of the criminal justice system are at loggerheads with each other, the trust in the system automatically recedes. The images of such incidents also taint the country’s image. Killing of lawyers and burning of government property depicts that poor folk alone are not infected by extremism but rather it infects every class of society, hence our society seems to be averse to tolerance. Such confrontations not only signify institutional meltdown but also extend the impression that we are being pushed back to tribalism.

The question arises as to why the protestors resorted to violence. The answer is simple. Owing to a lengthy, costly and complicated justice system, protestors often opt for violent means to achieve their ends. In recent incidents of violence in Pakistan, the graduated responses to deal with such situations have displayed missing links. The code of criminal procedure and Police Rules 1934 provide elaborate procedures to deal with such situations. Use of fire arms is the last option to be exercised and that too only in extreme situations but here, the situation triggered so abruptly that it resulted in the death of lawyers.

According to media reports, the situation aggravated due to arrogance exhibited by both parties. Since there was a history of grievances behind this incident, therefore, it was imperative to take strong preventive actions. The incident also depicts that the parties probably had little faith in the due process of law. The trend of deciding every issue according to one’s own wishes is disastrous. The augmented challenging factor is that this trend is detrimental to the existence of the state apparatus, which means that this tendency must be curtailed.

In such a scenario, the media should draw a line between professional obligations to inform the audience and indulging in exaggerated media trial. The latter badly affects the quality of probe, therefore, fairness requires impartiality on the part of all stakeholders. Often in such situations, the media assumes the role of a party instead of being balanced. It needs to remain within the orbit of objectivity.

In the recent past, the Punjab police took a few public-friendly steps. The recent passing out of 408 highly educated sub-inspectors will inject the ideals of respect for the rule of law, human rights and values of community policing. A mere increase in numerical strength in the Punjab police may not yield dividends though. Improved quality of management at the sub-divisional and police station levels needs practical measures. After such incidents, the media appetite is satisfied with news items of notifications of Joint Investigation Teams and judicial inquiries. Everyone knows that all such bodies consist of government officials, therefore, the public lacks trust in them. Such a credibility deficit can be bridged by introduction of public oversight bodies. Though the Police Order 2002 provided tiers of public safety commissions at the federal, provincial and district levels, the concept became victim of vested interests. The inclusion of public representatives in such bodies could bring democratic policing in Pakistan. We need to understand that often many issues of governance are byproducts of poor policing standards, therefore, only quality service-oriented policing can improve public satisfaction.

The Daska incident exposed the police’s poor training standards. Use of force, stress management, crowd management, and dealing with vulnerable and pressure groups need to be top priorities in the police training curriculum. The police management needs to review gun-carrying policies. Issuance of written standard operating procedures will increase understanding regarding carrying of weapons and their use in particular situations. Such documents should specify the percentage of armed and unarmed police personnel during peace, law and order situations and in the aftermath of incidents of crime and terrorism.

The Daska incident is a test case for both the government and the judiciary. Efforts are required to dig up facts as to why such an incident erupted. The question arises: are we really willing to learn from such incidents or are we waiting for the next one to happen? Since the incident had traces of tension between the municipal administration, lawyers and the police, we need to ascertain that in the presence of bureaucratic safety valves, why these remained unutilised. Our style of administration is highly inspired by the policy of appeasement. Such tactics badly erode the government’s writ. A spectator-like attitude and a focus on media management cannot avert another such eventuality, hence those who are really responsible on both sides need to be tried through due process of law.

The mushrooming of law colleges has compromised the quality of intake and the supply and demand equation. This situation warrants rigid regulatory quality control. Law graduates need to be exposed to legal instruments and measures also need to be taken to sensitise them towards their social responsibilities and ethical values. Disengagement from a confrontationist mode is a must. Regarding incidents of misconduct of lawyers, bar associations should act impartially. In the US, if a lawyer is found guilty of misconduct, he may lose his/her licence to practice law. In sensitive cases, it can also lead to arrest and criminal prosecution. The essence of such a principle is that no one is above the law. Professionals from both sides should stay aloof from those who may be part of their communities but are involved in extrajudicial tactics.

I pray that Daska is the last such incident but my prayers alone cannot bring miracles. This requires weeding out of callous and corrupt elements from the police and the administration. Lawyers should also not allow those who give their profession a bad name to wear the revered black coats. Both those wearing black coats and black shirts must realise that no one is above the law.

Published in The Express Tribune, June 6^th,  2015.

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