Long arm of the law?
Isn’t it strange that whosoever comes under the ambit of accountability suddenly goes out of sorts and seeks treatment abroad, more so in cases of politicians and ex-army men? After facing charges of corruption, they start feeling their limbs aching due to minor diseases, etc. Ironically, they exploit the ‘due process of law’ to secure their escape. The constitutional courts are burdened with petitions seeking to put their names on Exit Control List (ECL). The accused too come up with excuses of bodily ailments and seek permission for going abroad for their treatment. After getting relief through lawful means, they get an opportunity to escape from the due process of law. They prefer to stay abroad until the regimes are toppled or replaced here back in the country. However, after being assured that their allies have been brought into power, they return with promises of acquittal from courts terming cases against them politically motivated and thereby having no solid grounds to be prosecuted.
General Musharraf’s trial is one such example which made mockery of the judicial system on excuse of his illness. For the first time in the 70-year history of Pakistan, a trial was initiated against a dictator who abrogated the constitution and put it under abeyance. He was alleged to have committed treason under Article-6 of the constitution, perhaps the worst crime the punishment of which has been directly provided there. A special court was constituted for the dictator’s trial but the accused suddenly fell ill on the way to court and was surreptitiously carried to the Armed Forces Institute of Cardiology in Rawalpindi. It’s a long tale the way he managed to escape from the country involving the support of then army chief Gen Raheel Sharif, as he openly acknowledged recently in a TV talk show, and the civilian government as well. Notwithstanding, the federation was the complainant in his trial, it let him go, and obviously not for simple reasons. It was under pressure from certain quarters whose unquestionable ‘honour’ could have been at stake had the trial concluded with conviction. In this whole exercise, obviously the higher courts are also to be blamed for acquiescing to such ‘decisions’.
In the like manner, Dr Asim’s has also been allowed by the Supreme Court to travel abroad for his treatment which a medical board suggested was not possible in Pakistan. Though the court wondered “‘why those accused of corrupt practices tend to suddenly fall sick?” Justice Dost Muhammad Khan Khosa of the SC’s three-member bench also observed “We do not have any record of Dr Asim’s illnesses from the past,” but finally the decision rested with the petitioner. What if the accused doesn’t return and face the case he is convicted in? Will the courts remain unable to punish him, the option which is no more available in case of ordinary citizens? True, it is fundamental right of every citizen to get treatment of his choice but it must be more logical for the state to make them liable to those whom they deprived what belonged to them.
Only until a few days ago, Zafar Hijazi, ex-chairman SECP, was all hale and hearty. He would work in his office as normal as any other person could be. However, after FIA registered a criminal case against him for tempering official record in Panama’s case, he too suddenly fell ill. In just a few days, he seemed too ill to walk. Most of people would pity him and beg for his release. Nevertheless, he has yet not petitioned any court for seeking permission to travel abroad for undergoing treatment. Perhaps, he must be expecting less or no punishment at all considering the gravity of his offence. Otherwise, there is hardly any likelihood of any medical board not recommending him treatment which is not provided in Pakistan.
Interestingly, MNA Dasti too complained of falling ill in jail just in two days and suddenly getting normal after he secured bail from a court. The list is too long and enumerating them all would hardly be possible.
From super model Ayan Ali to cricket players, all managed to escape from the due process of law. Though in this case, cardiac issue was not an excuse.
The ousted prime minister, Nawaz Sharif, has also left for London to inquire after his ailing wife. His daughter Maryam says she too intends to leave for looking after her mother. They too are facing charges of financial embezzlement and corruption regarding their assets. Again, they may escape from the country and extend their stay for an indefinite period.
There is growing disillusion with the judicial system with this situation persisting in future. If Article 10-A of the constitution talks of a free and fair trial, it must not be read in vacuum. With no accused available during the prosecution or to face final conviction, the very spirit of this article will be strangulated.
Being the chief guard of the judicial system in Pakistan, the Supreme Court must make sure that treatment of cardiac problems is made available to the ‘corrupt’ of Pakistan. It may have two options to consider. One, it should have on its panel a medical board consisting of top most cardiologists from across the country. Every case involving cardiovascular issue must be referred to it with its report being final. If the influential elite remain adamant to get examined by foreign medics, the Supreme Court may ask the federal government to have an agreement with some renowned hospital, especially the one dealing with heart problems. In serious cases, foreign experts may visit the country and examine our ‘corrupt’ elite, so they are restricted to Pakistan and face trials against them. Otherwise, by getting their fundamental rights implemented, they will be violating the same rights guaranteed to others whom the accused plundered and looted mercilessly – also the citizens.
The write is a lawyer based in Lahore and freelance journalist. He can be reached at [email protected].
