Enforce Punishment Sincerely

Majyd Aziz

The word “accountability” has taken prominence in Pakistan ever since President Pervez Musharraf set up the National Accountability Bureau after his 1999 coup d’état. Eight years into his rule, his action against the Chief Justice of the Supreme Court brought up the phrases “judicial activism” and “rule of law” in full stream. Another word that entered the political lexicon was “NRO”. According to Wikipedia: “The National Reconciliation Ordinance (NRO) was a controversial ordinance issued by General Pervez Musharraf, on 5 October 2007. It granted amnesty to politicians, political workers and bureaucrats who were accused of corruption, embezzlement, money laundering, murder, and terrorism between 1 January 1986, and 12 October 1999, the time between two states of martial law in Pakistan. It was declared unconstitutional by the Supreme Court of Pakistan on 16 December 2009, throwing the country into a political crisis.”

Inspite of all this hype about cleansing the mess and also providing justice for a rich tycoon to a daily wage-earner, inspite of extensive media coverage of the highest court, and inspite of determined social media activists, the fact is that a lot is missing in the logical attainment of the rule of law. A disturbing feeling is that society seems to be going from bad to worse and the honest-to-goodness citizens are really in a state of confusion and desolation. The question that bewilders them is that so often there are announcements that NAB has roped in a defaulter or an embezzler or even an infamous and notorious corrupt government official but soon that person is released after imposing a pitiable fine and debarred from a governmental job or disqualified from contesting elections.

The rot becomes more loathsome when, for example, most of the people dealing with any government department know for sure that they have to bribe their way through to attain their objectives, and yet keep silent and thus perpetuating the corruption environment. Even this universal knowledge at times escapes the tentacles of NAB. Officials are aware that they can continue to extract their pound of flesh with impunity because they are confident that “You scratch my back, I scratch your back” works wonderfully and conveniently.

The committing of crimes, whether street-based or whether from offices or fancy estates, becomes more appealing because the gains far out-weigh risks. It is more depressing when corrupt officials, defaulting businessmen, and politicians with unexplained wealth are feted, fawned over, and complimented publicly. A retired Lt Colonel becomes an overnight billionaire and rubs shoulders with the high and mighty while no one questions the source of his wealth. A politician who waited on tables becomes an owner of vast properties at home and abroad just because he hit the right chord within his organization. Stories and anecdotes keep circulating in Stock Exchanges, Chambers, and markets about the corruption rate of various officers. A Customs official very nonchalantly lets out that he has so many millions to invest and needs advice what business should he set up for his none-too-bright son. He lost a bundle in the Dubai real estate debacle but is still chirpy and upbeat because of his family connections in the right quarters.  A lowly officer in a financial institution strikes gold and whizzes his way up the trade and industry ladder, name-dropping on the way, and soon hobnobbing with the rich and famous. Strategically placing himself at the right place with the right people, bounties start falling in his lap, and soon bank write-offs and easy credit availability allows him to shoot for the moon.

Crimes are at their peak. Recently, two high profile murders of brilliant students were committed by scions of the rich and powerful. In one instance, all legal and illegal steps were taken by the murderer’s paterfamilias. Many officials, in sensitive and civilian set-ups, colluded with him and indirectly became abettors. The accused was convicted but no action has been taken on the abettors. In the other case, the law-enforcing agencies are still searching for the uniformed guard who was allegedly ordered by his young employer to pump bullets into the victim. 

Women are routinely assaulted, raped, killed, and blatantly taken advantage of. They are often accused by perverted minds and killed for honor, alongwith a male person, through a shameful medieval custom known in Sindh as karo-kari. More so, children are often victims of pedophile perpetrators all around the country. Child labor and slavery are still rampant inspite of all pronouncements to the contrary.

Pakistan is also victim of terrorists and extremists as well as of those who abhor the very existence of this motherland. They still manage to live in secured surroundings. They commit crimes and walk away scot-free or with minimum punishment. This gives them the critical mass to continue with their nefarious activities. Pressure from influential people, especially from politicians and government officials, and the compliant mentality of those in the judicial system are two reasons for this situation. A lenient punishment becomes the catalyst for further occurrences of such crimes. Sadly, people then get desensitized to the atrocity of the criminals. Will this vicious cycle be broken? Patrick J. Buchanan, an American conservative political commentator and author gives this advice:

"A modern society that outlaws the death penalty does not send a message of reverence for life, but a message of moral confusion. When we outlaw the death penalty, we tell the murderer that, no matter what he may do to innocent people, to those in our custody and care, women, children, old people, still his most treasured possession, his life, is secure. We guarantee it in advance. Just as a nation that declares that nothing will make it go to war finds itself at the mercy of warlike regimes, so a society that will not put the worst of its criminal to death will find itself at the mercy of criminals who have no qualms about putting innocent people to death."