Sharp divisions

Three mechanisms are widely used in trial cases to enable high-profile influential people to either get away with an offence or delay investigations: plea bargains; stay orders; and exemption on medical grounds. A great deal can be said on each of these mechanisms. The plea bargain facility outright seems unjust as it allows the people involved in financial crimes to get away by returning some or part of the looted money. As a result, a poor man who is involved in stealing money will invariably find himself behind bars. Stay orders issued by courts at various levels is another issue, which generally helps prolong the cases for years and weaken them in favour of the powerful accused.

Then comes the tried and tested and equally popular tactic of avoiding apprehension: complaining of bad health soon after being apprehended. This is another excuse which is most commonly used by our elite to delay the ongoing investigations. The moment a high-profile individual is caught, he immediately complains about suffering from serious diseases and requests either to be shifted to a hospital or be sent abroad for treatment. The individual invariably succeeds and justice is delayed. There is an urgent need to frame laws where the misuse of the above judicial facilities is checked and is permitted to only genuine cases. At present, it is only the rich and influential who misuse the above facilities, making a mockery of the entire judicial system.

Cdre (r) Sajjad Ali Shah Bokhari

Islamabad