The criminal justice system begins with the definition of crime and psychology of people towards commitment or abstinence from criminal activities. Perhaps our society has be raised on the grounds of religion rather than morality to differentiate between right or wrong, good or bad, kind or evil etcetera. This is the work of legislature in drafting laws and statutes along with the interpretations of law by the judiciary.
When we are able to differentiate then the next step is to deter the human behaviour that is inclined towards commiting of such harmful and heinous acts that can constitute a crime. This deterrence is the second step in the system of criminal justice. This is the job of an efficient law enforcement authority and a functional justice system substantive as well as procedural through certainty in the catching of the criminal and celerity in the disposal of cases by the judiciary.
After that comes the rule of law and fair trial of the criminals or individuals convicted equally in the just manner. The various debatable crimes elaborated in the Pakistan’s penal code are Murder or qatl-e-amd under 302, rape under 367, blasphemy under 295 B and C. The punishments like Qisas, diyat, hadd etcetera are few grievous loopholes in the Criminal justice system along with the excessive abuse of power or extra judicial authorities of the police to detain for unsubstantiated period of time disrespecting the norms of habeas corpus and transparency. One such notorious case is the arrest of nine months old musa khan for throwing pebbles on the police.
Keeping these in mind, cut the long story short. The institution of the police needs to be given an uplift in their prestige and moral integrity. The budget for development in the processes of monitoring criminals or their environment. The four tiers of criminal justice system that is police, public prosecutor, defendant lawyer and Judge or jury needs a robust reform in their training and character build up. Along with the invisible effort towards respect for humanity and fair justice, their monetary value shall also be revised as money can speak volumes with accountability and checks, at all nook and corners.
There is a dire need of establishing a shear strength among “Justice and the Criminal Justice system”.
Social structure is the habitat where the social animal lives in harmony with others.
If the individual acts according to the requirements of the habitat, it survives longer.
If there is a clash of similarity among the specific and general behaviour that can drive the majority follow by having a positive stimulus, it will make an evolutionary result.
While the acts that can affect the existence of the habitat by disgruntling it’s base ground, might lead to the elimination of the nuisance.
Being killed for difference is where the society indicates being radicalised, while being left untouched even after cutting the feet off of the society/habitat is the worst kind of society where justice is a mere set of written words. (find your own practical examples – take blasphemy cases, hadd, or diyat)
Human beings or whichever living being – one can think of has a nervous system because that’s the building block of running the living being as an organism or organisation.
Just like the nervous system acts as the bureaucracy of the body of living being – collecting data, spreading the data, analysing and making other systems work accordingly, is its ultimate mission to accomplish thus making decision for the organism to work on beneficial principles or emergency requirement.
A human body is like a federation where the center has a say in the provincial matters vice versa a kind of mutualistic bargaining is established.
The central nervous system and the peripheral nervous system works in harmony unless one catches a mental illness that disrupts the normalcy and, gives rise to chaos and abnormalities.
The council of common interest is like the system of afferent messages to the Center for its efferent responses to establish harmony and accomplish the benefit that will work for the whole organism.
Perhaps the peripheral nervous system actually has a remote function of keeping center aware while asking for a response with respect to its own functionality.
Bureaucracy has to have a complex system of departments to work properly and that is what our own bodies signal at us. However, criticising the red tape can waste ones time unless one have a credible denial of virtues or values of community ecology.
The survival of provincial units has to develop on the basis of resources sharing as fundamental niche rather than competitive exclusion to establish a progressive federation.
With the emergence of local government system, the public bureaucracy can never lose its prestige as it is the autonomic nervous system of the governance that has the job to be done as it is established on the basis of rules and regulations – with a dichotomy of administration and politics.
The intergovernmental relation of institutions can only be established through established and evolved bureaucracy (documentation) for the constant system of information flow.
It needs to be concluded that politicians in the center (Federal) or periphery (Provincial) should stop meddling with the functions of the public bureaucracy – the established public service regime evolving under the law of the land.
To build our national character we need to reform our attitudes towards our ideologies and interest. It is an easy job to shout and make tumultuous slogans of change for the political self-serving matters but it is a very different thing to give an uplift of personal dignity and integrity to the masses.
There are several such inhumane attempts of revolutionary slogans in the past crushed drastically by the greed of khaki power. Thus, the coming shout outs of change should work more towards establishing a reform agenda socially and, politically to begin with.
State institutions should be exploited for their assigned purposes rather than debunking them right away for being inappropriate. To help the nation prosperous and believe in democratic values. The virtue of the constitutionalism needs to be poured into the masses.
It is an appeal to the political parties to work according to the principles if they want the masses to start believing in principles and values. (slogans of anti-corruption won’t work until the individual approves of their integrity and character.)
Media should work towards the popularity of institutional contract and never let masses get astray with their sentimentalist views embarking towards, hate and disgust for national and governmental principles.
As far as sub judice is concerned, the jurisprudence goes with the spirit of originality without intrusion of emotional accounting. However, something called contempt of court is transfixing into a draconian law of Blasphemy against the court of justice.
Unless the justice is criticised, no fair justice can be achieved. It is the fundamental right of every citizen to know and form opinion but the imposition of restrictive clauses like integrity and contempts make the law a savage instrument. Even if it calls for justice and mercy, yet it survives on the blood of it’s own existence that is called “Rule of law”.
The prerogatives of judiciary or any other governmental – regulatory authority shall not widen beyond the shadow of an individual or a common citizen. It is in the best interest of the symbolism of justice to work towards its own uplift and usher confidence into the local communities, in its existence. Thus, discouraging their believe in the several other dozens of parallel judicial systems that prevail in our country i-e Jirga, Panchayat, Military Courts.., etcetra.
The constitutional right to freedom of information and expression are interlinked with freedom to form opinion, restricting one constitutional right tightens the circle around the other. Same has been highlighted by the human rights commission of Pakistan on the recent Human rights day, 10th of December 2016.
It appears to be of grave concern to protect the right to speak and make opinion, to make information available to the general public and work towards institutional efficiency, transparency and governance.
Passing through the Peter principle, The courts in Pakistan have reached the point of incompetence to work towards viable reforms in the judicial system of this country. After spending enough than appropriate time on inculcating the poking phenomena of judicial activism for policing the institutions of government. The very institution has lost its competence and stuck at a position from where it has no other way out to perform but to work as a wayfarer who has lost his destination although he has an identity card registered to his name.
The judiciary branch of government is in dire need of establishing its institutional dignity on its own rather than cutting the ground under other institution’s feet. Had it not attempted on the pretentious behavior towards the appointment of the superior judges and demeaning other institutions – the undue influence of parallel judicial systems would not have found the place in the federal republican constitution. Pakistan needs the integration of institutional hierarchies rather segregating them on the basis of self-egoism or stubbornness towards one’s frustration due to the historical maltreatment.
Therefore, institutions need to work towards harmonious existence within their fairly constitutional capacities. (Not to mention the Ideal republican constitution that we deserve as People of Pakistan)
What is the ‘Peter Principle’
The Peter Principle is an observation that the tendency in most organizational hierarchies
, such as that of a corporation, is for every employee to rise in the hierarchy through promotion until they reach the levels of their respective incompetence. The Peter Principle is based on the logical idea that competent employees will continue to be promoted, but at some point will be promoted into positions for which they are incompetent, and they will then remain in those positions because of the fact that they do not demonstrate any further competence that would get them recognized for additional promotion. According to the Peter Principle, every position in a given hierarchy will eventually be filled by employees who are incompetent to fulfill the job duties of their respective positions.
Read more: Peter Principle Definition | Investopedia http://www.investopedia.com/terms/p/peter-principle.asp#ixzz4TIldqjsr
(I am refraining from putting it into any technical arrangement of terms for the ease of common people like me..)
د ته پکې غوګ شئ لکه چي مونګ تي نه ووه خبر ـ
It’s an indication towards that leakage thingie when c.m. asked why do you let go of the criminals we civilians arrest? It was about this man before everyone else.. And it’s an institutional dilemma as he says it out loud that I was his chief, mean the army has reached its incompetency. By exerting pressure on the elected government, what else can one derive except that military and security establishment is still meddling with democratic tendencies and the illogical reason of good – bad strategic assets and liabilities. Same goes with the self-exiled Zardari who ran away after uttering the blasphemous truth regarding three years of Generals while lifetime loot and gamble of politicians. It is not about military, judicial or political bosses, rather the whole structure of the state is at a point where everything goes the wrong way due to the less thought out and sentimental strategies of the establishment.