Heightened tolerance

Allowing persons in public service to ease out into premature retirement, with full benefits in most cases, without first holding them accountable for their transgression of law or moral code of conduct, and failing to do their duty, is the route mostly taken in Pakistan now.

Although these administrative actions do matter from a consequentialist perspective, and would make sense, but only to an extent. It saves time, is less publicised and spares the family embarrassment where human failings involve financial impropriety or moral turpitude. Yet it does raise a question on whether it is a sufficient punitive action or whether it is time to reflect on its efficacy.

Prime Minister Imran Khan recently stated that there are two systems of justice in the country – one for the elite and the other for the common folks. This, in all likelihood, would appear to be a worldwide phenomenon. It is safe to assume that there is a heavy burden on our judiciary in the juxtaposition of punishments handed down to both economically privileged and socially advantaged and under-privileged and socially disadvantaged offenders. But does that work to any significant degree towards fairness in the justice system for both categories? The over-representation in the country’s prisons of mostly those below the minimum level of economic prosperity and the different standards applied to the two categories would suggest that it does not. Spirited and good-humoured Pakistanis call this ‘No Discount’ justice for the disadvantaged and ‘Discounted’ justice for privileged offenders.

Has this discounted justice approach, if indeed that is the case, sent the message that we are a civilised nation or has it gone amiss? Has it helped in any manner in steering society towards the collective good? Has this endless ‘shaming’ in the media worked to encourage others towards good conduct? Do such actions meet the ends of justice – for individuals and the state? And, most importantly, are these measures loaded equally for both the privileged and the under-privileged. From all indicators, the answers to these questions appear to be in the negative.

The official ESTACODE publications issued by the government prominently display extracts from the address of Quaid-e-Azam to a batch of civil servants in Peshawar in April 1948: “If you want to raise the prestige and greatness of Pakistan you must not fall victim to any pressure, but do your duty as servants of the people and the state, fearlessly and honestly. The services are the backbone of the state. Governments are formed. Governments are defeated. Prime ministers come and go, ministers come and go, but you stay on. Therefore, there is a very great responsibility placed on your shoulders.”

Exercise of self-restraint, non-indulgence in irresponsible conduct, and following the Quaid’s guidelines in letter and spirit would benefit everyone. But in practice there is little to show for adherence to this sterling advice. It would appear that the delinquent amongst us enjoy the benefits of leniency but take no notice of obligations discharged by the rest of the community. Some in academia view this as gaps in the social background of offenders and deprivation of healthy environments in their upbringing. Whatever be the case, such people deserve to be punished because they take unfair advantage of proper and responsible conduct by the rest. Punishment and accountability restore a fair balance of benefits and obligations, and must not be lost sight of.

Tolerance for the wayward touches new levels when it comes to past rulers, both civil and military. Former South Korean president Lee and his successor Park Geun-hye are quietly serving lengthy prison sentences after conviction in corruption cases. Brazil’s former president Luiz Inácio Lula da Silva, continues to remain in jail after conviction in a corruption case.

Public confidence in our ability to implement court decisions is so low that there is no dearth of cynics who seriously believe that justice will not be served in the case of Nawaz Sharif. Former president Asif Zardari, who is under investigation for serious charges, smiles as though he knows better. The public confidence in the state’s ability to treat all its citizens fairly and equally decreases even further and breeds discontent amongst the disadvantaged.

This enhanced national tolerance for wrongdoers, as it were, is further on display in parliament, where there is a daily spectacle by politicians, whose misconduct in public service is otherwise serious enough to warrant arrest and investigations by the country’s highest anti-graft body. However, such people routinely abuse provisions of ‘production’ orders, without contributing much to legislative proceedings.

In the military too it is rare these days to hear the loud bang of a ceremonial gun, fired every morning during court-martial proceedings as a tradition, to remind everyone of what is happening. Just as in other departments of the government, administrative actions in the military too are sometimes necessary, but the fundamental purpose of military law is to strengthen national security through justice in its system. If military law is not applied to the full, and more importantly, even-handedly to all colours of the uniform then the cause of strengthening national security is not well served.

Tailpiece: Justice M R Kayani, chief justice of West Pakistan from 1958-62, was well known for his wit and satirical lines. There was no love lost between him and president Ayub Khan, which it is said was due to Justice Kayani’s disapproval of martial law but it could also have been due to cultural and ethnic divergences.

When Justice Kayani requested Ayub to write a foreword for his book, ‘The whole truth’, Ayub returned the favour in these words (though it is believed it was penned by someone else for him): “In our judicial system, the function of the judge is to search for the truth, while the duty of telling ‘the truth, the whole truth and nothing but the truth’ is assigned to the rest of the world”. Kayani had the last laugh as he changed the title of the book to ‘Not the whole truth’.

The writer is a retired vice admiral.

Email: tajkhattak@ymail.com