System of Justice and Extrajudicial Killings in Pakistan

 

System of Justice and Extrajudicial Killings in Pakistan

Introduction:

  Extrajudicial killing refers to a killing that is done without taking legal and judicial action on behalf of the state institutions or officials, i.e. without bringing the accused before the court of law, on the spot while performing the work of the judge, lawyer and executioner himself. He should be killed.

Unfortunately, our institutions have not been able to get out of this neo-demographic era, where the function of the state institutions was to keep a slave nation under control and ensure that they remain slaves. It's a pity that after gaining independence, we could not train our institutions in terms of a free nation and society. 

Our laws also reflect this authoritarian style, for example, adding such words in the draft of laws that "this law and others" has overriding effect over all laws in force for the time being (overriding effect)”, exempting various officials from the law etc.

However, the enormous powers given to the police and law enforcement agencies in the context of the war on terror have been met. That's why now the "reasonable apprehension or reasonable suspicion" of the police and law enforcement agencies is enough to become a reason. 

Officials cannot prove the case and charge against the accused that they had reasonable suspicion of a person and hence the conviction rate by the court, low in numbers.

Difference between Suspicion and reasonable Apprehension:

Suspicion is the act or feeling when one cannot materially show any reason for it, an inference made only based on some events.

On the contrary, in the language of the law, reasonable apprehension or suspicion is not the same as the feeling of suspicion of an ordinary citizen. If any police officer or law enforcement official arrests a person on suspicion or charges him with an offence, he must record the grounds for the suspicion and prosecute the offence in court. Also, prove this accused with other evidence.

Extrajudicial Killings and Police Brutality:

According to the public survey and reports of government accountability institutions, the police institution is a precursor of fear instead of being a symbol of security among the people. People have many complaints against this institution. People do not trust this institution for their safety but try as much as possible not to go to the police for any matter otherwise there is fear of further harm. That is why many crimes are not reported.

Despite all these reports and surveys, the government, unable to control corruption and political recruitment, has not been able to do anything to improve this institution. Even though every political party before coming into government has been showing the people a dream that they will reform the institution as soon as they get the government and end the police station culture, till today the police institution is not free from political support.

System of Justice and Role of Media in Pakistan:

Anywhere in the world, if a person is wanted by the law, even in a serious emergent situation or in a dangerous crime, and if shoot-at-sight orders has been issued for him, even then killing him is not appreciated instead it is preferable to capture them alive by shooting at his leg or wounding them so that they can be punished by the court to strengthen the legal process and Rule of Law prevail in the country rather than killing the suspect in front of his children like Sahiwal tragedy.

We are well aware of many such cases like the Sarfaraz Shah case, Naqibullah Mehsud, the Sahiwal tragedy, and Rao Anwar. Apart from this, 27 suspected criminals were extra-judicially killed by the police in Karachi alone this year. But this is only what the media conveys to us that many such persons were killed extra-judicially and these incidents were not even reported anywhere. If these cases had not been reported in the media and their videos had not become public, we can understand that they too would have been lost in the dust of time.

In this situation, Article 14(2) of the Constitution of Pakistan, which guarantees that no person shall be subjected to torture for the mere purpose of obtaining evidence, is nothing but a joke because before detention The accused is killed extra-judicially by calling it a police encounter.

In addition to extrajudicial killings, false cases and corruption are also indicators of the defects in State institutions. Because of this, sinners escape punishment. In both cases, public confidence in the law and justice system is lost.

Conclusion:

     A strong legal system is the guarantee of a strong state. The sad thing is that law enforcement is not seen at all in Pakistan. The entire justice system is full of corruption. There is a system of punishment only for the weak people, but the powerful class do not get any punishment from the court by taking advantage of the loopholes in the legal system, using their influence and other means. Therefore, this impression is strengthened that The law cannot do anything to the powerful criminals.

Extra-judicial killings and other similar incidents should be thoroughly and impartially investigated. Defects in existing laws and regulations should be found and eliminated. The political element should be removed from the state security institutions. The accountability system should be strengthened. The effect of the legal system benefiting a certain section is extremely negative on other sections of society. Such factors have far-reaching effects on any society. At present Pakistan is witnessing the results of the same.

It is the urgent need of the hour that the government, institutions and people of Pakistan should work together for its survival.

...........By Advocate Afshan Saleem