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When laws become irrelevant

Dawood Ibrahim

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Outlaws and in-laws are both handle-with-care areas. Those below the law or above the law are bound to be pursued. That is the job of law enforcement agencies. But if law enforcement agencies become politicised, chaos and crime flourish. What happened in Karachi when SSP Rao Anwar Ahmed apprehended Muttahida Qaumi Movement (MQM) leader Khawaja Izhar is a case in point. We see policemen dragging him amidst resistance insisting that he had followed the law. Soon there were orders by the chief minister (CM) of Sindh to release Izhar as Anwar had not taken permission from the Speaker before arresting a member of the assembly.

To add to this action horror, the prime minister steps in and talks to the CM, and lo and behold, SSP Anwar is suspended and Kamran Fazal, DIG East, is removed. Then came another phone call reportedly from Dubai, which resulted in the restoration of Kamran Fazal. Which laws were followed in all these arrests, suspensions, removals and restorations will remain a mystery, but what is crystal clear is that the law of power-politics reigns supreme in Pakistan.

If you want to see what devastation politicisation of this most important state organ has done to its efficiency and effectiveness just read the most recent findings on police performance. A report compiled by a committee constituted by the Federal Ombudsman Secretariat titled “Addressing Maladministration in Police Stations” stated that at present, personnel working as assistant sub-inspectors or in lower positions, constituting 12 percent of the force, hardly have any authority, while the remaining 88 percent either do not work or have no trust in their superiors.

Consider: 88 percent not working is a crime; 88 percent not working is a huge drain on taxpayers’ resources; 88 percent not working is bankruptcy of any institution; 88 percent not working is corruption of the highest order; 88 percent not working is death of merit; and 88 percent not working is intentional destruction of the institution.

The other factor of 88 percent not trusting their superiors is even more lethal. That means a lack of leadership, a lack of motivation, a lack of merit and, therefore, a complete lack of commitment to work and ethics. The biggest factor that holds any institution together and builds a high performing team is trust. Research shows that in high trust organisations, productivity is 10 to 100 times higher depending on the stage of the organisation compared to low trust organisations. When trust is not present people dodge and delay; when trust is not there disengagement and diversion start; when trust is absent systems and laws are not respected; and when trust is missing belief in instructions, SOPs and procedures disappears. Distrust is the cancer of all relationships, and eventually eats up individuals, departments and institutions.

The findings of this report are frightening, to say the least. It estimates that almost 90 percent personnel in the police force are undereducated and without power or authority. The report clearly says that the police are involved in corruption, and instead of curtailing crime abet and sponsor crime. “Making money through illegal means is being practised in an organised manner within neighbourhoods, proliferating crime and vice, particularly the functioning of wine shops, drug dens, and prostitution.” The police practising organised corruption is a catastrophe; the police helping in multiplying crime is barbaric; and the police giving a cover to all illegal activities is a nightmare. But that is the unfortunate reality of the situation.

The report paints a gloomy picture of police stations across the country that are severely understaffed and under-resourced. It revealed that policemen were unable to fulfil their duties due “to lack of training, influence of bigwigs, unaccountability, poor planning and failing to upgrade their technology to investigate crime scenes among others.” This explains the lack of trust and proliferation of crime. While lack of training and up-gradation of technology are relatively easy to address the real virus is the influence of bigwigs and unaccountability. Without the latter two factors the earlier two factors are also futile. Influence of the powerful is evident daily. From the prime minister ringing up to suspend an officer to a party head calling from Dubai to restore another officer, stories abound of laws and procedures being tossed out of the window in reverence of those who call the shots. Tragic stories of the erring sons and grandsons of the powerful killing innocent people and being protected by police are the norm. Justice for the innocent becomes cumbersome, expensive, life-threatening and debilitating. When the police had failed to punish Mustafa Kanju who killed the 15-year-old Zain in a roadside flare-up, the court finally took suo motu action. When Zain’s mother was called to court she refused to take the case forward as she said, “ I have lost a son, I will lose my other children as these people will not leave me.” What could be more tragic than a mother not willing to pursue justice to her son’s killers, as she knows that those who are law enforcers may become death enforcers.

What will happen to this investigative report is what has happened to all such reports previously. A committee will be formed, which will recommend another specially trained force to create a ‘model police force’. It may be named Elite or Dolphin or Tiger Force, and millions will be spent on their training and marketing. However, such efforts further demotivate the existing police force. What is needed are reforms that make the police independent of politicians; what is needed is politicians willing to make those reforms; what is needed is leaders in the police willing to stand against political pressure; and what is needed is the ruthless enforcement of merit and accountability. A tall order but a model of this has been successfully implemented and acknowledged by all experts in Khyber Pakhtunkhwa with a marked improvement in performance where crime has decreased by 53 percent.

However, what happened in Sindh will not help the cause of reforming police in Pakistan. If investigations are reduced to media breaking news, and the hiring and firing remain the prerogative of phone calls from higher-ups then the next report on police performance may show an increase from 88 percent to 100 percent officers who either do not want to work or have no trust in their superiors.



The writer is a columnist and analyst and can be reached at andleeb.abbas1@gmail.com

http://dailytimes.com.pk/opinion/25-Sep-16/when-laws-become-irrelevant
 
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Which laws were followed in all these arrests, suspensions, removals and restorations will remain a mystery, but what is crystal clear is that the law of power-politics reigns supreme in Pakistan.

Perhaps @AsifIjaz would like to comment here?
 
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I normally refrain from such discussions as i have had the unfortunate experience of seeing alot with my own eyes. but if i have to be very cordial while remaining within the confines of the ethical boundaries then what the writer has written is nothing but truth. Our law enforcing agencies and organizations are not ignorant to the constitution and applicable laws but they know every single loop hole and the way to manipulate them. All are pompous and ridiculously evil and corrupt.

if you want to correct there behavior then efforts done today will bear fruit in lets say 5 to 6 years at the earliest. But laws need to be amended, loop holes need to be plugged and accountability needs to be ascertain. It should be a carrot and a stick policy. We need empowerment with maximum accountability which is established for each and every rank and steps involved. The problem is who would make these laws.. the idiots (well most of them) sitting in the assemblies are the ones who live, prosper and win by using the same people who should be restricting their acts and their hands.
my 2 cents
 
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We need empowerment with maximum accountability which is established for each and every rank and steps involved.

Excellent thought, but how would you reconcile this statement with what you said about army officers on the motorway? Where is the accountability? One cannot pick and choose where to apply the law, it has to be across the board.
 
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Law makers know that laws are made more to manipulate than to benefit those on the lower end. And it happens in every sphere of power and politics. No one is clean.
 
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Excellent thought, but how would you reconcile this statement with what you said about army officers on the motorway? Where is the accountability? One cannot pick and choose where to apply the law, it has to be across the board.

As always you would go to any extent to malign...humiliate and may be start your rant about that incidence between serving army major and the motorway patrol officer. This is the 3rd thread that you have started this discussion with me. It seems you are on a personal tirade against the army men... Possibly because of some history in your past whose demons are still giving you sleepless nights.

Anyways as always you have again shown your biased attitude towards the whole incidence... Blaming the major for an episode that was...Is and sadly as it seems it will always be debatable I.e. as to what happened from the time major was stopped till the brawl between groups of people from both sides.

No one denies that the major was overspeeding even he himself accepts it but what lead to the brawl with dozens of people present from both sides is debatable.
I along with many others always wanted justice to prevail. I said it a few times as well. But you would not have it any way... You wanted the major head or a** on the pole without a fair trial or an inquiry. Inspite of the fact that you were not there, are not related to the two accused parties and have not had the pleasure or the social/civil position to interview either of the two parties hence you were able to only use your imagination and come up with a baseless scenario which has the major as a villain. Please show some restraint and restrict your thought process. It might be contagious and I would hate to see more people start hurling accusations and then verdicts based upon nothing but figments.
This is the end of this discussion, you want to talk anything else then please do tag me but if you want the same old cat and mouse chase then I ain't interested in your childish games. I would give the major and the patrolling officer the benefit of the doubt and I don't give a rat's a** what you think unless it is based upon facts.

Back to topic:
Justice should prevail.. It should not be restricted due to gender, cast, stature or nationality. Till we achieve this in Pakistan we will always be a 3rd world country not able to achieve its due potential.
 
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Justice should prevail.. It should not be restricted due to gender, cast, stature or nationality. Till we achieve this in Pakistan we will always be a 3rd world country not able to achieve its due potential.

Justice should not be restricted due to gender, cast, stature or nationality. Or uniform. Agreed. And that also explains why being selective with such justice keeps Pakistan a 3rd world country.
 
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Until the layman understands the injustice that is being done to him and Pakistan this type of things will keep happening, sadly no opposition party has brought any resolution against this ( Times like this when people keep their mouths shut . It shows their true colors..). No Chanel has asked any questions... Until we all are ready to bring forward a revolution like the French nothing is gonna change
 
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Justice should not be restricted due to gender, cast, stature or nationality. Or uniform. Agreed. And that also explains why being selective with such justice keeps Pakistan a 3rd world country.

Lolz... U are crazy... And predictable as well. U will pick one para or sentence and make a mountain out of it. Uniform... Yeah that too. Happy now. But that still doesn't prove the major was guilty. Now come up with anything else. I hope u have sonething substantial to say or some proof against your baseless rants.
 
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Lolz... U are crazy... And predictable as well. U will pick one para or sentence and make a mountain out of it. Uniform... Yeah that too. Happy now. But that still doesn't prove the major was guilty. Now come up with anything else. I hope u have sonething substantial to say or some proof against your baseless rants.

If anything, you have admitted the said major lawbreaker has gone scot-free for the admitted speeding. At the very least. The other crimes perpetrated were all covered up by higher authorities. Yes, Pakistan remains a third world country. Clearly.

Until the layman understands the injustice that is being done to him and Pakistan this type of things will keep happening, sadly no opposition party has brought any resolution against this ( Times like this when people keep their mouths shut . It shows their true colors..). No Chanel has asked any questions... Until we all are ready to bring forward a revolution like the French nothing is gonna change

Nothing's gonna change. Rest assured.
 
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If anything, you have admitted the said major lawbreaker has gone scot-free for the admitted speeding. At the very least. The other crimes perpetrated were all covered up by higher authorities. Yes, Pakistan remains a third world .

Agreed on a point that he should have been issued a ticket.
What other crimes was he pronounced guilty... At the very least he was a partner in crime for the other debatable and unproven crimes that you refer to. It will remain like that as unfortunately ispr did a patch up which should not have been the case. If you have anything concrete to prove major guilty then put it forward otherwise don't bother wasting more bandwith
 
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Agreed on a point that he should have been issued a ticket.
What other crimes was he pronounced guilty... At the very least he was a partner in crime for the other debatable and unproven crimes that you refer to. It will remain like that as unfortunately ispr did a patch up which should not have been the case. If you have anything concrete to prove major guilty then put it forward otherwise don't bother wasting more bandwith


If you agree with that, can you agree that his conduct was unbecoming of an officer? Or are your standards low enough to get his illegal acts a pass?
 
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As I said ... stop wasting my time . I wrote what I had to.. I refuse to be a part of your personal agenda to malign army men.
Read above... I said partner in crime. now I will not say put a noose around that major just because u want it to be. He was at the least partner in crime..and the extent of the crime needs to be ascertained but till it is done... I ain't calling names.
Plz don't bother anymore, ur baseless and biased stand here is not worth wasting more time
 
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As I said ... stop wasting my time . I wrote what I had to.. I refuse to be a part of your personal agenda to malign army men.
Read above... I said partner in crime. now I will not say put a noose around that major just because u want it to be. He was at the least partner in crime..and the extent of the crime needs to be ascertained but till it is done... I ain't calling names.
Plz don't bother anymore, ur baseless and biased stand here is not worth wasting more time

So where is the result of the investigation to ascertain the extent of the major's crimes? Or has that been brushed under the carpet too? The law really has become irrelevant, apparently, if that is so.
 
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