As usual “Civil Society” (a fancy euphemism for the self righteous left/centre/right’ists’ out there) is in a furor over good ole Sarfaraz’s murder. As usual the state is making placatory noises, as usual politicians and talk show hosts are venting spleen at this ‘heinous outrage’. But lost in the empty rhetoric are two crucial questions. Was he or was he not a predator? And secondly if he was would he ever have been brought to justice?
If the answer to the first question is a “Yes” then tragically the answer to the second one would almost certainly be a resounding “No”!!!
Yes we all know it’s the responsibility of the judiciary to deliver justice, but let’s face it when has it ever been up to the challenge? Did the judiciary deliver justice to Muktaran Mai after a decade long struggle? How many civil society members out there have actually read the verdict on the basis of which her tormentors (who by the way had committed the crime in the presence of literally hundreds of people) were ‘honourably acquitted”. How many people know about the judicial practice of passing concurrent sentences instead of consecutive ones. I.e. the criminal may be charged, prosecuted & actually convicted for multiple crimes but will be sentenced for one only since all the sentences will run concurrently! And the time spent during prosecution will, of course be, deducted from the sentence by the obliging judge. Add good behavior to that and if I were criminally minded I would be a happy man indeed!
Miscarriage of justice? Hardly. For that one has to check the workings of the judicial system in KP. Let’s see, out of approximately around 650 terrorists arrested by the cops the learnt judges have convicted approximately one individual! The rest including dreaded warlords have been set back on the streets. In one particularly glaring example an ATS judge had set free a man who had been caught red handed with a suicide jacket that he failed to blow due to the efforts of 2 exceedingly brave cops. The judge pointed out that he had no actually committed any crime but was ‘supposedly’ intending to do so. Our judicial system works on the precedent system and the precedent set is that ‘a suicide bomber can only be arrested after he has blown himself up’…..
Amazing is’nt it? But then this is the same judicial system that sentenced to “Rijm” (stoning to death)of 12 year old, blind, orphaned, Safia bibi for the ‘crime’ of been gang raped (circa 1981). As it did 11 year old Aneela bibi (circa 1982)
Old hat? Rummaging through the dustbin of history am I for obscure cases? Think again. The learnt “justices” of the federal Shariat court have “ordered” the government to put back the Zina ordinance in the statuette books. The very term “judicial justice in Pakistan is an oxymoron so blatant it makes me gnash my teeth in impotent fury.
Is this the independent judiciary that civil society fought for? Maybe.. Just may be in a couple of centuries “justices” here will shake free their enforced impotence. Their outright mysgynism. May be the pope will convert to Islam or alien life forms will descend to earth an signal the end of days… Hmmm??
I never wanted to defend vigilantism. Not the first time I was held up or the 2nd time or even the 3rd. But now after it has happened ad neauseam. Neither me nor my family nor my friends can even step put of our homes without fear. Now that I personally know of at least 3 individuals who were shot ‘after’ they handed over their belongings (an one hapless young chap who was shot simply because he was too well for the mugger’s liking!)
At last, I can understand and even sympathize with Karachi-ites who when they get their hands on muggers, go after them with knives, bricks, rods even petrol. If Sarfaraz was a predator then “it” was put down like the rabid dog it was and it is indeed a pity the spy with the camera got away with it to put those poor men and their families into such trouble.
And to all those who say that the enforcers should not be punishers.. well.. Just because some of us wear black an mutter Latin in sonorous tones… are they ubermenshen? Is there no individual in Pakistan who has been unfairly executed? Are our jails absolutely free of people who have been wrongly incarcerated?
So, this will lead to anarchy? And vigilantism will lead to the ‘wild west’? But then,when predators are allowed to run amok is this not anarchy? When the courts failed to do the needful in Mumbai the police created ‘encounter squads’ that did the job, but were later ostracized and even reviled.
Newsflash! The old encounter specialists have been called back from retirement and the squads are back in business. Why? Because once they were put to pasture the city quickly went back to the way it was before it was culled of its more obnoxious elements.
To all the wanna be Z. Torus out there who want to be “Gharmi main kharab” and hold their ubiquitous demonstrations and vigils like Pakistani versions of Mother Teresa I want to say “if being ostriches with your heads firmly stuck in the sand is your thing go ahead and do that by all means. While I for one would love to use my CQB training and my arms license to good effect and if accosted by a predator in a lonely street.. would give ‘it’ exactly what it deserves. “Khus kum jahan pak. Pakistan Zindabad!”