More than 90% people of
Pakistan welcomed the recent statement of the Chief Justice, Lahore High Court,
Mr. justice Mansoor Ali Shah to make the thing okay in the district judiciary to
ensure the common people access to justice as the equal gender with equal right
and respect in the society. He was talking to the media people on the issues of
delaying the access to justice to the deprived and the poor in the society.
The Chief Justice promised the people of Punjab to do the needful to ensure the
access to all people of the society to have their say in the court of law and be
heard. But the real state of affairs of the judiciary needs more attention and
proper involvement of the Chief Justice and his team to go through the facts
finding responsible to delaying and denying the process of justice and giving an
overall impression that the judiciary has no concern with the agonies and
suffering of the people.
The reason behind the delaying tactics are such as:
More than 90% administrative corruption one can find easily in the district
judiciary. Unless it is not removed all acclamations by the Chief Justice would
go vain and the people would be denied their right to have access to justice as
the equal gender with equal right and respect in the society. It is not easy to
say just for ensuring access to justice to each unless the institutional reforms
are done and monitored with rigorous accountability procedures for the corrupt
which we find least unfortunately.
Secondly, the judges are not doing the justice but they are doing the Nokri
where as in fact the judges are lawfully bound to ensure access to justice to
each whatever the circumstances are there to denying or delaying the justice to
poor and the needy. This is actually the task that the judges have to realize
for which they are recruited and honoured there.
But as per routine practices the judges never go through the facts and just rely
on the FIR or the supporting CM or the witness and more over the lingering on
tactics of the advocates by dating each week disregarding the agonies and the
suffering of the petitioner. It is very easy for the sitting judge to give the
date without considering the number of dates that cost one to bear to come to
attend the court.
This sort of mall practicing could only be removed if the courts are monitored
and evaluated on their performance, not deciding the number of cases but
delivering and ensuring the justice to the deprived. Let me quote here the
saying of the Chief Justice that if the lower or the district courts would
deliver justice to the deprived none would come to the higher courts. This is
the task that has to be done by the district courts which is yet in the waiting
list for the last 70 years.
Thirdly, but most important the reformation and restructuring the role of the
police that has the sole power to make or break the facts of any case and never
answerable.
Let me quote here a British young, Tahir MIrza of 18 who was sentenced to death
and ordered for hanging thrice. He had remarks of a judge that he did not know
that what and how the police could do with his case and the same happened with
Mirza. The game was turned down against Mirza just because of Rs.300000 he had
to pay to the SHO.
The young boy did not know the role of the Pakistani police so he refused to pay
the said amount and met the death sentence. Mirza appealed to the higher courts
including the Supreme Court but was not considered for the review because our
judiciary had take it guaranteed that the FIR is equal to a (Hadis) a holy
document which the judiciary cannot deny or review it for finding the truth. If
Mirza had been hanged the judiciary did not mind it that one innocent had been
killed wrongly. I am sorry to say that the reason behind was the Nokri not the
justice. Let me clarify my opinion here with apology that these two statuses
have two different roles, one for the Nokri with all the benefits, protocols and
lavishly living among the poor and second for the delivery of justice at any
cost whatever the circumstances are there. Let me quote here an existing example
of a decision at the district court where the judges were pressurized not only
by the bar but also by the higher judges to please the government and its touts.
The judge did not bother for the recommendations or the pressure and gave
decision in favour of the poor who deserved for it. The decision was so
comprehensive and rezoning that the respondent could not avail any benefit in
appeal in the high court.
But at the same time here is another case that is pending in the high court for
the second years and the respondent have not bother for replying the honorable
court even summoned more than ten times to appear or reply.
Let me not doubt the dignity or the honesty of the concerned judge but the sake
of Nokri is on the way that is giving relaxed to the respondent.
Unfortunately we did not accept the role of the justice delivered to the people
how it changes the overall character of the people or the communities and the
nation at large they love their judiciary not for their doing but for their
justice to the poor.
But now let us turn to the statements of different judges on different times
about the provision of justice, justice delayed mean to justice denied, and more
than 50% cases registered against the poor are fake, the young women and the
boys are used for the sex industry in the jails run and managed by the police
and more over the existing excuse of the Chief Justice on record that the people
are denied to have access to justice, the mafia people have captured the state
and the poor are helpless and more over the quite silence (apologetic) of the
judiciary on the looting of trillions, money laundering of billions and looting
the poor of billions per day in the consumer market.
Unfortunately, the judiciary of Pakistan has supposed that such illegal and
illicit activities are not in their domain or the jurisdiction to make it right
or summon the government on such unconstitutional activities with reference to
protecting the rights of the people.
Let me quote here another example of bombing the poor and deprived by just
increasing the power tariff for the domestic sector rising now up to Rs.18 per
unit.
Dramatically, the raised power tariff has been increased up to 300 times with
effect to the existing prices of the 2014. In 2014’s budget the government did a
tricky game with the bloody poor who are just to vote and go to sleep that it
demolished the basic two slabs of the tariff and replaced the very 1st and the
2nd slabs into 3rd and the 4th, since, Sept, 2014.
Moreover, in a recent bid to pay the IPPs the government did a tricky game by
paying its fine worth Rs.32 billion to the IPPs , it paid to the IPPs and Rs. 22
billion which had to be received by the IPPs as the fine were written off
without prior permission and the legal procedures. It could be a big relief to
the domestic sector but the priority was the IPPs?
But the game has not ended yet to stop the looting the poor and the deprived.
The government has introduced another power tariff for the coming financial
years to bomb the poor by raising the basic tariff from Rs.8.11 to Rs.14 with a
difference of Rs.5.89 per unit with a condition to using up to 200 to 300 units.
However, according to the recent statistics available on the power tariff the
domestic consumers using up to 200 to 300 units will have to pay Rs14 per unit
instead of Rs.8.11 with a difference of Rs.5.89 per unit. Thus by doing so, the
domestic sector will have to go for the increased payment of 57% without taxes.
However, it is not confirmed that what would be the rates of the domestic users
for the peak hours as disclosed up to Rs. 18.
For the consumers, 300 to 700 units, Rs.3.67 per unit has been increased. They
have to pay now Rs. 16 per unit instead of Rs.13 with an increase of Rs. 2.8%
per unit. Whereas the consumers using more than 700 will pay Rs. 2.93 more per
unit. Consumers using more than 700 will go for an increase of Rs.2.93 per unit.
Moreover, the domestic consumers having peak hours will pay more, Rs.4 per in
the peak hours that will stand at Rs.18 per unit instead of Rs.12.
Unfortunately, this holy budget has not spared the agrarian sector too by rising
its tariff Rs.3.58 per unit.
Pakistan is perhaps the only country in the world where there is a law that if
you buy one unit of power, it costs Rs.5 and 2 for Rs.8 and 3 for Rs.12 and 4
for Rs.16 and 5 for Rs.18 just for the domestic utility not for the commercial.
The question is that how one will the tariff that one unit was produced
at the rate of Rs.2 and sold at Rs.5 and the second unit was produced at the
rate of Rs.5 and sold at the rate of Rs.8.11 and the third was produced at the
rate of Rs.8.11 and sold at the rate of Rs.12.30 and the 4th was produced at the
rate of Rs.12.30 and sold at the rate of Rs.16 and so on for the other units for
the domestic sector.
It is interesting to note here that all these units were produced with the same
fuel, at the same time and at the same place but with such a different costs. It
is such a dirty business, 100 percent illegal, unconstitutional and 100 percent
controversial to the basic rights of the people confessed in the constitution
that managed by the government to looting the deprived and the suffering people
who are deprived of their 100 percent basic rights since the day 1947 and not
heard anywhere even in the judiciary.