Should We Feel Commiseration Or Laugh At The Argument Of Discrimination

SHOULD WE FEEL COMMISERATION OR LAUGH AT THE ARGUMENT OF DISCRIMINATION WITH THE PEOPLE WHO ARE ACTIVELY INVOLVED IN CORRUPT PRACTICES.

After arrest of Ex Petroleum Minister Dr. Asim, the spokes persons of PPP time and again have been making an argument on various T.V Shows that such like treatment is not being given to the persons hailing from Province of Punjab involved in the corrupt practices, thus Dr. Asim is being treated discriminatorily. To utter surprise and dismay and against all norms of justice, What an argument they have!

The spokes persons repeatedly have been claiming relief that similarly placed persons were not arrested, hence the said accused Dr. Asim was discriminated. In other words they are claiming relief under the garb of Article 25 of the Constitution of Islamic Republic of Pakistan, 1973. It is reiterated that in this situation, Article 25 ibid has no role to play in such matters. If one thief somehow manages to escape from the clutches of the law, it does not mean that all thieves should be allowed to get away. It is well settled that there is no violation of Article 25 of the Constitution in illegalities.

Our superior judiciary in various precedents was pleased to hold that "Article 25 has no application or justification to legitimize an illegal and illegitimate act?? If some persons derived benefit by illegality and had escaped from the clutches of law, similar persons cannot plead, nor the court can countenance that benefit had from infraction of law and must be allowed to be retained. Can one illegality be compounded by permitting similar illegal or illegitimate or ultra vires acts? Answer is obviously no." Suffice it to hold that the illegal allotment founded upon ultra vires and illegal policy of allotment made to some other persons wrongly, would not form a legal premise to ensure it to the accused or to repeat or perpetuate such illegal order, nor could it be legalised. In other words, judicial process cannot be abused to perpetuate the illegalities.

The contention of the spokes persons that the case against Dr. Asim is politically motivated is also liable to be rejected. These days whenever an official is charged for some act of corruption the common practice has become to take the defence that the allegation is politically motivated for the following reasons:-
Portfolio held by Dr. Asim as Minister for Petroleum and Natural Resources is a monger’s business. If we look at the cases filed in Islamabad High Court, Peshawar High Court, Karachi High Court and Lahore High Court during the regime of PPP when Dr. Asim was Minister for Petroleum and Natural Resources it was common belief that the said Minister earned a lot of money from corrupt practices. Billions of Rupees from National Exchequer were looted through corrupt practices.

The law is taking its own recourse. It is duty of the prosecution to collect tangible evidence against Dr. Asim and his aides. But unfortunately the person having One Crore in his bank account usually saves him from the clutches of the law. Please it is high time to come together and save our beloved country from corruption mafia as soon as possible.