Criminal injustice

The Nazim Jokhio murder case keeps getting worse with every new turn – and on trial are not just the named accused but the PPP and the Sindh government as well. After one of the accused – PPP MNA Jam Abdul Karim, who had fled outside the country – was granted bail, and Jokhio’s widow had made a video saying she was opting out of the case, now the investigation officer has filed a final charge-sheet with the public prosecutor for scrutiny, claiming that no evidence was found against PPP MPA Jam Awais and his brother, Jam Karim. When the police exclude from the list of accused the names of two sitting PPP lawmakers, it raises all kinds of red flags regarding the way the case is proceeding. The scrutiny of the case now lands on the special public prosecutor of the administrative judge of the antiterrorism court. The slow – or deliberately slow – process of the case has led to justifiable concern on whether a cover-up is in process.

It is thus essential that both judicial and prosecution officials must clarify their position, since the way the case has been [mis]handled is already leading to it being seen as an open travesty of justice. So far, the police have charge-sheeted the guards and servants of the lawmakers and found no evidence against their masters. Over the years, Pakistan has seen more than its fair share of the influential elite taking advantage of their heft and wealth to implicate their subordinates while excusing themselves from any charges. There is a need to ensure this case does not go down that route. The legal benchmark of innocence before being proven guilty also demands that the investigation and prosecution processes are as fair and clear as possible.

It is worth recalling that Nazim Jokhio had tried to stop the foreign guests of the PPP lawmakers from hunting the Houbara bustard. He had recorded the hunt, a video that went viral – and for which he was killed. It is now on the Sindh government and the ruling party in the province, the PPP, to uphold their claims of respect for justice and human rights values. Otherwise, this will become yet another case of influence and prestige getting away without facing the judicial process. At the beginning of the case we had dared to hope that, in a country where the definition of justice is quite different for the rich as compared to the poor, true justice would eventually prevail and Nazim Jokhio would in death at least be honoured for taking a stand for his principles. While that hope has waned considerably, this case is a test for the Sindh government and the PPP to show their commitment to justice by ensuring due process.