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Date Posted: 07:33:09 01/23/05 Sun
Author: JAVED
Subject: WHAT IS AND WHERE IS JUSTICE IN IT

WHAT IS AND WHERE IS “JUSTICE”
By Javed - 29 February 2004

A Pakistani Doctor allegedly has been deprived of his research work by a German Court. Different people including lawyers have stormed the pages of Daily Statesman, Daily Nation and web pages of www.lawandlawyers.com.pk criticising the German Court that its decision is biased. Some have remarked that western countries including their courts have different separate standards for local and foreigners particularly for citizens of third world countries. None of such critics or commentators have mentioned even a single world about justice in Pakistan.

I have long lived abroad. It is my personal opinion that we the Pakistanis are very intelligent, good in work, dedicated but at the same time we are not balanced in our views. If we hate someone we are at extreme and if we love or like someone he is angel for us and nothing wrong of his catches our eyes.

Recently both our Honourables His Excellency General Pervaiz Musharraf the President of Pakistan and His Excellency Mr. Zafarullah Khan Jamli the Prime Minister after Dr. Qadeer Khan’s unfortunate saga have shown Their Excellencies dismay over poor performance of all our institutions. His Excellency the Prime Minister even used the specific word “Judiciary”. Earlier on some other occasion HE the President has somewhere observed deteriorating performances of all our institutions.

Is true justice available to ALL in our country? Answer to this is in recent columns of intellectuals like Mr. Irshad Ahmad Haqqani etc. For those criticizing the German Court I quote hereunder restricting to one and only one example and request them to trace “justice” from this exampled case using their digital microscopes. In this under quoted example figure of money, timing and sequence of happening could be wrong as it is be typed based on old memories but the facts are true.

I was then working abroad. Sometime during 1995-96 my family had to fax me a single A-4 size important paper from Karachi. My brother approached PTCL Nazimabad Karachi Public Call Office. He was charged (about) Rs. 130 plus minus. The fax did not reach me. Since document was very important after two days I asked him to re-send again. Same PTCL Nazimabad PCO this time charged him about Rs. 40/-. The fax did not reach me again. My brother sent me payment receipts as well as PTCL Nazimabad Fax Transmission Reports which showed “Error Codes” which universally mean from transmitting end fax could not be transmitted. At my end the Fax machine abroad was latest modern which received more than 50-100 a faxes a day. PTCL equipment being old perhaps did not match but it is not the point but this technical issue is not a point here.

Almost all our Government have always cared one way or the other welfare of masses. Accordingly in addition to traditional courts our government has made different types of forums, institutions and offices for providing “justice”. I approached one such “institution” created on huge expense and if my memories in this old age are not failing me down there was once a time when more than Supreme Court Budget was allocated to this “justice providing institution” including power of contempt. This “institution” was introduce to provide “cheap and speedy” justice. Is it “today” supplying “cheap” Justice? Is it providing “speedy” justice? These are not points here left for any other time but if one reads its annual reports then one wonders why so much has been done and reformed then why public still is suffering in as much as that a President and a Prime Minister says people need justice.

I approached complaining to this “institute” that fax was not transmitted but charges were taken from me. For some reasons “based on my life’s past experience” I mentioned about first Fax only. I did this deliberately knowing well the bureaucracy. General Manager Phones Karachi submitted in its reply that “even on error code charges are taken” hence PCO rightly charged the complainant.

I let a little time past “deliberately”. Then I filed complaint about second non transmitted fax and in that I “deliberately” did not mention case/complaint about first non-transmitted fax. The Fax page to be transmitted was the same, PTCL PCO was the same Nazimabad, the General Manager submitting reply/rejoinder was the same but his mouth was “second” this time. This time completely forgetting what he submitted on a 100% same case only a little earlier this time he submitted “charges were taken erroneously and will be refunded to the complainant”.

I point this out at this stage that the General Manager from his same mouth on same single issue was submitted two different opposite direction contrary to each other, suiting to each new situation, reply which speaks a lot in addition of contempt of court as he is taking the “institution very light”.

The justice providing institutional head who was a Judge retired form Supreme Court finished the by writing his “Decision” that he (Head of institution/judge) was pleased that his involvement has provided relief to the complainant. What relief? He was a judge and he did not question the GM even once how the hell you are submitting before me two contrary statements namely: (i) if on error code charges are legally right then why the hell are you now refunding and (ii) and in case on error code charges are not taken then why the hell in the first case charges were taken (and from how many innocent people are taken without their knowledge and where such monies go).

Matter does not end here. Here is the point which is a point to ponder. A question is often asked as to why despite governments sincere wishes there is never improvement. Answer lies in this example of mine. GM Phones submitted before “Head of this institution headed by a retired superior court judge” that refund would be made (in second case/complaint – what about first case/fax the head of institution had no time to think over it).

It is a universal principle that when a court or an “institution like courts” declares a “relief” in its decision the implementing party “at its own” provide this relief. This refund never came to me and till my writing to the best of my knowledge has not come to me. The GM Phase realizing the attitude of the “Head of institution” that when he (Head/judge) has ignored his (GM) speaking two different tongues why the he (GM) should care knowing well “Head” perhaps has no “brains”. I many times addressed PTCL that you promised before “institution” but I have not received the refund. After years of reminder about 2 years back PTCL informed me “you did not approach us requesting for refund”. Did I still need to “request/beg” for refund or should it had automatically come to me based on “Decision”?

I repeatedly approached the “Institution” praying that I may please be guided that when a relief was declared/ included in your “decision” should under universal practice it had not been delivered to me by PTCL immediately in compliance to the order or I am required to “request or beg” the PTCL bureaucracy once again requesting and begging them to please implement the “Institution’s order”. This “institution” never gave me any response.

If one read minutely the above example it would be found why there is no respect to orders, instructions. Because everyone knows after once having given an order that there would be no male passengers in female compartments of mini buses, the minister or judge giving such order will surely forget his orders hence drivers dame care for such orders. If my memories are not misguiding me in this old age I do remember in Karachi one superior court a few years back on a human rights issue instructed that form date so and so there would not be any smoke omitting rickshaw on the road. Riding a rickshaw I enquired from the old aged illiterate rickshaw driver that what would be do after a month as is rickshaw was too old. I remember he laughed and said to me “Babu, judge will forget what he said and above all who cares about such routine things”.

Brothers, before criticizing others we needed to see our own homes.

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