- Who is responsible?
In our society taking the law into one’s own hands is a common phenomenon which graces us with its presence every now and then. History notes a significant number of examples of the citizenry taking up the roles of the judge, jury and executioner. Within minutes of framing charges, the trial is concluded and the sentence is executed. A death sentence, always.
What brings us to this verge is the actual question. A failed judicial system? Maybe, but why do we feel the need to take matters into our own hands? It would be more prudent if the same mob were to raise a voice for improvement of the justice system and stage a protest in this regard. But no, we always tend to decide the matter there and then with utter disregard of the law itself. Such practices cannot be condoned as desperate measures for times when the system itself is failing. These would contribute to the failure. If, indeed, we live in a society of humans then our foremost responsibility is to respect the essence of humanity itself.
Take Mashal Khan or the Kot Radha Kishan couple; the citizenry of Pakistan were the quickest to dispense justice, quicker than the most competent judges present around the globe, who in the given time wouldn’t have been able to read the file cover to cover whereas our experts are capable of executing the sentence. The allegations levelled in both the cases are serious and quite sensitive in nature. Indeed, anybody committing blasphemy should be strictly punished in accordance with law and there should be zero tolerance. However, when the law itself envisages a punishment and that too the capital punishment, then why be the judge.
In all probability, the accusation itself could be unfounded and baseless thereby requiring investigation and a thorough enquiry. Once proven, the guilty should be punished without fail until then let law take its course. Despite such recollections, the intolerant society of the country continues to lambast the civilised form of the society and desecrates all forms of humanity in the form of numerous examples.
There is an urgent need to prosecute and sentence those segments of the society who consider themselves above the law
Being part of a civilised society would constrain us to report the matter and let the official authorities take appropriate action in accordance with law. But that would only be possible if ours was, indeed, a civilised society. With disgraceful rates of literacy prevalent in the country and the public frustrated and stressed out in general, such reactions will always remain a wish and we shall remain very far from being civilised.
Regretfully enough it is not the public who is to blame alone. It is the leaders of our country who have ruled us time and again and yet have failed to positively bring about a change in the society. These rulers have steered us further towards darkness by depriving the people of quality education so as to educate the society as a whole. On the contrary, Orange Line train continues to be the desired form of progress and the lion will continue to be stamped on the ballot papers.
The culture of mob justice actively leaps forward due to a failed judicial system, at least how the experts pen it. Ironically, that indeed is true. Not exactly how the experts perceive it. The failure of the judicial system isn’t the one which causes these mobs to take the law into their own hands, their actual failure is to be unable to punish those involved in such practices. When people get away with such incidents, the fear of the law is extinguished from within their hearts and minds. To clear up the argument, the Anti-terrorism Court, Lahore, acquitted 20 people on Saturday, accused in the Kot Radha Kishan lynching and burning alive of a Christian couple back in 2014. The court gave the accused the benefit of the doubt and set them free. A pass to walk free from the claws of justice.
Failure to prosecute these people is the very reason such incidents are a repeated occurrence. The judicial system is the reason that mob justice is widely prevalent in the country but not as a source of justification but rather becomes the reason the people are fearless. They live with the satisfaction that they will remain immune from the justice system. As the courts of the country continue to allow such people to walk free, one can only foresee more mobs adopting the roles of the justice system.
The justice system is bound to fail until and unless drastic measures are taken to reprimand those who consider themselves beyond the law. As a member of the Supreme Court bench once observed that we will send half the parliament packing so long as they fail to be eligible to be part of it, I would urge your lordships to take the same approach and reevaluate the criminal jurisprudence of the country. Setting out guidelines on how to punish people inciting violence and desolating the idea of a civilised society by promoting mob justice, would be commendable under the circumstances.
Focus on the criminal justice system coupled with educating the masses is bound to avert such incidents in the future. Not completely, but a sharp decline would, nevertheless, be witnessed. Despite whatever decisions the judiciary might render, positive improvement would only be when the criminal justice system is up and running and is not dependent on the military courts for handholding.
There is an urgent need to prosecute and sentence those segments of the society who consider themselves above the law. How else would our general public be any different from the militants who adopted similar roles in Swat all those years ago?
The flame of life will continue to be extinguished from the eyes of innocent people, by these mobs, till we strongly raise a voice against it.
“Justice will not be served until those who are unaffected are as outraged as those who are.”
