SUPERIORITY OF JUSTICE NOT LAW

by Orya Maqbool Jan

In the Indo-Pak subcontinent where the British left much desolation the system of law given by them has become a cancer for the society, it is constantly oozing out injustice and tyranny. Under this system superiority rests with the law, no matter how cruel and unjust it is. If justice is stomped under the feet of this system, the whole system will not bother, because this system is not made for the superiority of the justice but was made for the superiority of the law. A sincere, honest and a capable judge becomes powerless that his hands tremble when writing down a sentence. The books of law are filled with examples where innocent were hanged and the decision giver judges could never repent their injustice as their verdicts were according to the rule of law.

Now let us look into a case where a person on his way to somewhere is murdered. The place is uninhabited like a farm field. The murdered is a member of an influential family which has a feud with a normal household. The SHO of a police station, which is a rank amongst which finding an honest person is like finding a black ant on a black rock in a black night. The SHO for the sake of greed, nepotism or a posting produces a report that has witnesses present on the scene of the crime. Then a pistol similar to the one used in the crime is brought and bullets fired from it are buried in the ground and are eventually found around the body of the murdered. Then using a strong lawyer an innocent is proven guilty such that no one is able to challenge this in Supreme Court. We can find thousands of such people rotting in jails and getting hanged. One person has committed the murder and ten are registered in the report, the dishonest policemen and false witnesses are used to convict innocent people to avenge one's enmity. The business of lawyers runs around fabricating a false story as opposed to the true one. This story can prove an innocent as the murderer and the murderer as an innocent. Original post @ http://khudi.pk/2011/10/27/superiority-of-justice-not-law/A policeman on a check post can produce hashish out of your pocket if a bribe is refused. One can be arrested on the charges of hooliganism or on the charges of a robbery and sent to jail. The rule of law and the justice of system is unable to retrieve your honour. Fake witnesses, dishonest investigative officers swearing under oath bearing Allah as their witness and corrupt lawyers with their confusing law jargon are plentifully decorated. This is the system where the whole city is bearing witness to someone's dishonesty and fraud, on the contrary the courts proceedings are executed in the opposite direction. It is often that the judge is fully aware of the fact that the offender before him is extremely corrupt. People known to him have bribed him for a certain act, but the proceedings that are presented to him by the investigative officer is sufficient to prove him innocent and helplessly the judge signs the warrant that sets him free. In this whole system the court's responsibility is not to impart justice but to ensure punishment to those who have acted against the law. Without any doubt this law has been by those sitting in the assembly to oppress the people. It is astonishing that you will find that under the law SHO has the authority to arrest an innocent man on the basis of a suspicion and disgrace him. The courts can bail him or terminate the case. A policeman can arrest a person, keep him in a private place and torture him then one day after submitting his arrest receive a remand, the past days of persecution are out of the jurisdiction of the court. A vandal, thug an influential person has made miserable the life of the people, an FIR can not be registered against him nor a complaint is heard against him on the political level. All judges of the court are helpless against such a person. This is the system of the law that has given birth to a generation of dishonest, vicious murderers and extortioners, who blatantly say that go to the court instead of blaming them. The whole city is aware of their cruelty, the whole country is aware of the stories of their corruption but they speak unashamedly in front of the nation. There is not a single case proved against them in the court. All these cases are political. In this law given by the British the worst is the authority to accept an appeal of pity. In the whole system if someone is indicted up to the level of the Supreme Court, still the President has the authority to set him free. This is the authority on which Rasul Allah (May peace be upon him) said "After a crime has been proved, even I do not have the right to pardon". This is the reason why many convicts who have been sentenced to death are roaming free and are leading a life of ease after appealing for pity to the President. More than 400 are in Punjab alone. Amongst them are ethnic and sectarian terrorists. In the past three years there is hardly a case where the sentence to death has been executed.

As opposed to this law of the British my Allah does not limit a judge to confines of his courtroom. The judge has the authority to carry out the investigation himself, so that he can impart justice. According to this golden rule of Islam, France has constituted her judicial system. A judge who is hearing the case and an investigative judge have their responsibilities. And the investigative judge after investigating the case at once takes the responsibility of the judge hearing the case. In this way if the judge thinks that the police is maliciously involved, witnesses have been compromised or the file has been emptied due to a political reconciliation, he can investigate himself and make justice essential. This is the reason that France has the least number of crimes amongst the European countries. After the slavery of the hundred years this nation been gifted many things. But the worst amongst them is this Anglo Saxon Law in which the powerful, influential and the one with authority after committing an atrocity, comes out of the court in garlands and the innocent but the weak and helpless sheds his tears in the loneliness of his prison.

Note: When you will be reading this column I would have departed to Haram Pak for Hajj. I will attempt to keep in touch via the column from the doorstep of Rasul Allah (May peace be upon him) but I may not be regular. If any of my words, sentence or thought has caused grievance or has hurt anyone, then please in the name of Allah forgive me. Allah will reward you for this on the Day of Judgement. With this prayer and hope that when I come back the condition of my country is about to change.

Original post @ http://khudi.pk/2011/10/27/superiority-of-justice-not-law/

Original Article in Urdu