The Environment of the Judicial System and Our Social Attitudes

According to a news article published in the Daily Express Gujranwala on August 18, 2016, Supreme Court Justice Asif Saeed Khosa made the following remarks:

“Punjab is the only region in the world where lies are told even on one’s deathbed. While hearing an application for the cancellation of bail for a robbery suspect, the honorable judge remarked that it was not his own observation, but rather a statement made by an English judge of the Lahore High Court in 1925. The English judge had written in his decision: ‘Do not believe the last statements of the people of Punjab; they lie even while dying.’ The judge noted that enmity is maintained even in final statements, often implicating entire families. He further explained that initially, a robbery is committed, and subsequently, the plaintiff, in collusion with the police, commits another robbery. The accused are first identified with the plaintiff’s help, and later, the ‘property’ is recovered through a raid. The plaintiff is then asked to certify that the recovered property belongs to him.”

The remarks of the honorable Supreme Court judge reflect our general social environment and psyche. This issue is not confined to Punjab; similar situations exist in many other parts of the country. One of the major reasons for this is the judicial system, which focuses not on resolving cases but on delaying them through various tactics and lengthy procedures. As a result, the pursuit and delivery of justice often become secondary objectives, overshadowed by the tendency to secure personal interests. Instead of controlling crime, this approach encourages it, leading to a continuous increase in criminal activities. These interests are not limited to the plaintiff and the defendant; the police, the legal system, and the courts also become complicit in this conflict of interests, creating a web of lies and deceit that permeates our judicial environment. This is encapsulated in the popular proverb: ‘He who lies in the panchayat, and the one who speaks the truth in the court, can never succeed in his case.’

I have expressed this proverb in very mild terms; the actual words are so unpleasant that it may not be appropriate to describe them here. In this regard, I would like to mention some experiences and observations, which are as follows:

• A very religious gentleman, in order to file a report of a quarrel, demanded that his leg be broken outright so that he could file a strong case against the opposing party.
• There was a theft in my house where some family gold jewelry was stolen. I consulted a well-known lawyer, now deceased, to file a case. He wrote a lengthy story for the FIR and handed it to me. Upon reading it, I exclaimed, ‘My brother! There should be at least fifty percent truth in it.’ He replied that there was no point in filing an FIR then, so I calmly left.
• “The former district president of JUI, Allama Muhammad Ahmad Ludhianvi, narrated this incident to me: Some jewelry was stolen from his house. When he spoke to the district police authorities, the concerned police officer later came to him with some jewelry and said, ‘This is your jewelry which has been recovered.’ The late Allama replied, ‘Brother, this is not our jewelry.’ The officer insisted on showing it to the family members, claiming it was the stolen property, but the late Allama refused to accept it, saying, ‘I recognize my family’s jewelry, and this is not ours.’

Hundreds of such stories are scattered around us, lamenting the state of our social psyche and judicial environment. Instead of being seen as faults and sins, these actions are now considered demands of justice, echoing even in the chambers of the Supreme Court.

But the question remains: What is the real reason for this situation, and how can we find a way out of this quagmire? If this question is posed to any citizen of the country, the answer will likely be that people’s distance from Islamic education, training, and religious ethics is the biggest reason. Such a situation cannot exist in a society where education and training are conducted in the light of the teachings of the Holy Quran and the traditions and Sunnah of the Holy Prophet (peace and blessings of Allah be upon him). However, the next question will be met with complete silence: Are our state institutions, education system, media, and centers of public mental training ready to accept this responsibility? Another major reason for this situation is the complexities of the current judicial system, the lengthy time frames, and the ambiguity of cases, which cannot be resolved without a simple and natural Sharia judicial system. However, it must be acknowledged that none of the three main pillars of the judicial system—the bench, the bar, and the police—would be ready for this and would not find themselves prepared to organize such a solution.

We agree with the remarks of Honorable Justice Asif Saeed Khosa and consider them a reflection of the overall environment and psyche of society. However, we also request the Honorable Justice to recognize that his role is not only to point out defects but also to present solutions and create an environment for practical progress towards these solutions, which may also be part of his constitutional duties. The solution to our social problems lies in returning to the teachings of the Holy Quran and the Sunnah of the Prophet. However, this will not be achieved through statements and sermons alone. All state institutions, including the government, judiciary, parliament, lawyers, police, educational institutions, and the media, must play a practical role in this. If this cannot be done, then lamenting such defects on various forums will achieve nothing.

(Published: The Monthly Nusrat-Al-Uloom, Gujranwala – September 2016)