- The government failed the mandate it so proudly stands upon
Religion has been a controversial and sensitive topic for long. Ever since the creation of Pakistan, religious sentiment has played a significant role in shaping the country’s future. Pakistan, itself, was founded based upon religious sentiment.
Amidst the controversial nature of certain topics including blasphemy, these sentiments came forward more aggressively and culminated in the death of a number of people. These topics wrote their history with the blood of the people. Mashal Khan being the most recent example.
The judiciary of our country has long been criticised for a number of controversial and political decisions. Judicial activism has not always been condoned. Rather the Iftikhar Chaudhary days are remembered remorsefully by some. Yet, the judiciary has sometimes stepped forward in dispensing justice like no other.
The acquittal of Aasia bibi came as a surprise to many. It sent ripples of shockwaves in almost all quarters, actively charging up the religious ones. Authored by the Chief Justice, the judgement speaks about blasphemy and it being a crime in Pakistan. Anybody guilty of blasphemy deserves death and nothing less. But a thin fine line between commission of blasphemy and a false accusation of the same, always remained and was finally settled by the Supreme Court in its judgement.
The principles of our criminal justice system give the accused the benefit of doubt so as to avoid punishing an innocent individual. Similarly, it actively prescribes punishment for all those convicted of various crimes. Despite fear of backlash and a hate movement steered by religious leaders, the Supreme Court, for once, abandoned the doctrine of necessity and based its decision upon principles of justice as opposed to the sentiments of the religious circles.
The moral courage and aptitude of the Hon’ble Judges is highly commendable as they stood directly in the line of fire and rendered a judgement which is in accordance with law. An innocent individual cannot be punished based upon a mere accusation. The accusation has to be substantiated with credible evidence so as to meet the ends of justice. The Supreme Court judges, nevertheless, went forward and honoured the oaths of their office without blinking in the wake of the charged up religious sentiment. “Let justice be done though the heavens may fall”. Even though this maxim does not trace its roots to a very respectable origin and was first used to excuse the most outrageous injustice, yet this time it fits right onto the true form of justice.
This is not the ‘Naya Pakistan’ that the millions of Pakistanis voted for
The heavens indeed fell once the judgement was announced. Within hours the citizens of Pakistan found themselves paralysed by a group of individuals criticising the judgement. The criticism of a judgement itself is a due right of all citizens and is undeniable in a democratic setting. However, when the criticism moves on towards the judges and includes issuance of death threats, then indeed the apple falls far from the tree.
Any form of challenge to the writ of the state is and should be unacceptable. It doesn’t matter how charged up the sentiment is. What matters is the rule of law and the ability of a state to maintain its control. In the absence of the above, the state, effectively, finds itself castrated at the hands of extremist sentiment. The likes of which demanded the execution of the Supreme Court Justices and treason against the Army Chief.
Inciting violence and displaying some forms of it are offences which require immediate action. If such groups will be allowed to cow down in the wake of charged up protests then our country will indeed find itself in a major predicament. FATF may be justified if the state is unable to act against such elements. If the likes of Nehal Hashmi found themselves incarcerated merely for abusing the judges, then those calling for the death of the very same judges deserve nothing less.
Treason in its truest form was witnessed by the public at large. Economic activity remained suspended while the government looked for ways of ‘firefighting’. What saddens us the most is the prime minister’s aggressive address to the nation and his government’s subsequent backtracking.
A one liner apology on behalf of the inciters was considered sufficient by the government. The Supreme Court couldn’t have been more humiliated by the government at the moment. The supposed agreement is an insult to the integrity of this nation, its judiciary and all its institutions.
It gives out a message that if a handful of individuals are successful in paralysing major cities of the country, the government would be willing to compromise on its integrity. Certain boundaries and parameters have to be drawn up. Anybody crossing those should be accorded zero tolerance.
The government failed the mandate it so proudly stands upon. At least previous governments had the nerve to stand up to extremism whenever the need arose. In spite of its tall claims, the state miserably failed to maintain control and negotiated with extremist elements.
If even now the CJP has to take notice of this agreement and act accordingly, then all his other actions which tread upon the lines of judicial activism will be justified. After all, he alone seems to be courageous enough to stand for what is right and declare what is evidently wrong.
Judicial activism? So be it. At least decisions are being made irrespective of charged up threats. An institution has shaped itself to be strong enough to hold ground and uphold the constitution of our country.
The cover up statements by the government claiming action against elements who wreaked havoc during the protests, remain trivial in the wake of the initial backtracking. This is not the ‘Naya Pakistan’ that the millions of Pakistanis voted for.
It is not only pitiful but is worrisome at the same time when a state bows down to extremism. It reminds me of the famous British Philosopher and Attorney General Sir Francis’s astute observation:
“If we do not maintain justice, justice will not maintain us”.
