Muhammad Ali Zafar Naqvi
In the wake of the judicial uprooting in justice system, we only witness green bash boogie prevailing the web of accountability; with due respect, a failed legislature is the final indicator of annihilation of a state. It must not be forgotten that the landlords have always been exploiting the hoi polloi, as it is a social norm specially in the developing countries; but when such scourge finds its way directly onto the floor of judicial precedents, then the demise in totality is inevitable.
The concession to Australian citizenship and 23 crore rupees by Shahzaib’s family is not only a defiance of Pakistani Islamic law but also the first step towards misdirecting the system of national justice. The amount and incentive are not in alignment with the dictates of law. A nation devoid of uniformity of application of law is highly prone to be on the wrong track. Cumbersome bureaucracy deems it as a puppet. The rule of law is to be applied on all, indiscriminately. It is obvious; however, the feudal have always succeeded in wriggling themselves free from the arrest of law.
The murderer is escorted with fool-proof security as he flees to Dubai. Merry- making is resumed as he is drawn back to the homeland. Honorable Supreme Court too seems to be reluctant for giving the criminal the due punishment since high profile feudal and MNAs are able to whisper it into their ears. How far this whispering will subsist and rubbing into the face of the masses prolong. The judiciary is vigilant enough to provide 1000cc automobiles to a civil judge but seem least interested to set a national precedent in the name of justice system. The cases are always filed versus the state; it is not the family of the assassinated whose say would be respected but the national character of justice. Anyhow, backstairs influence of bureaucrats and politicians is getting the better of judges up till now. This has instilled another forecast that had the murder of Zainab been committed by any influent favorite son, hands of the judicial board would have been tied ultimately.
The principle of Extortion came as a pretext of rescuing the culprit. The role of Interpol was only as a facilitator to the law; rest lied upon the justice system as to how they come up to the performance of justice which never gets fully executed. However, it ended in the form of change of place only. The concatenation of privileges provided in Dubai were offered in Pakistan to the murderer too boot.
In the heat of falsifying the victim’s innocence, a serial got drafted by Rabia Razzaq got telecasted by a famous TV channel by Jang Group. PEMRA is least bothered by the misrepresentation of the facts against the deceased. Image of Shahrukh is portrayed as justified to order his guards for firing such a person whose sister was harassed in front of him. This illustrates how social norms can get the air of acceptance if imbued extrinsically.
Islam is becoming a mockery by such acts. Numerous blasphemous contents, misinterpreting the Shariah law and the abuse of innocent babies by a cult Naqshbandi are derogating the ambit of Islam rendering it as a non granta religion which is absolutely wrong. Diyat is having the Islamic equivalence and as per the constitutional orders, such a case must only be dealt as per the recommendation of the Qazi.
It is not merely a matter of an individual murder but also the national judicial morale and justice system. This example mocks into the face of the upcoming all murders where the advocates will herald this reference again and again and the judge will be compelled to comprehend their rationale. Judicial precedents are a direct source of law. They can be citied and instigate a legal change as well. As per Woodrow Wilson “Judiciary is the most sensitive organ of the state responsible for sustaining it”. If money can augment the interpretation of law and easily close the eyes of justice, then shambles would be witnessed.
The fate of a nation where judiciary starts to avert the cases of national importance is miserable. Exploitation is rampant in all other sectors but such a malady in judicial board is unbearable. Soft image of the nation and Islam are both inherently invested into the outcomes of this case.