Sense of justice

The significance of the judicial system and the manner in which it dispenses justice was highlighted on Wednesday as a two-member Supreme Court bench headed by Justice Jawwad S Khawaja declared void a decision by the Islamabad High Court ordering the release of Zaki-ur-Rehman Lakhvi on bail. Lakhvi, also wanted in a number of other cases, is the alleged mastermind behind the Nov 2008 attack in Mumbai. He was arrested a few months after Mumbai and, in Nov 2009, indicted along with six others for playing a key role in its planning. In its ruling, handing the case back to the IHC, the SC has noted that time needs to be given to both sides during the hearing of a case, and that the federal government needs to be heard out in the Lakhvi case. Justice Khawaja also observed that haste was not desirable in all matters of justice, and while ordering notice be served to Lakhvi in jail to answer the government’s charges, he said that protecting the fundamental rights of all citizens and following the constitution was vital.
These words hold special meaning at a time when military courts are being set up raising apprehensions about the following of due process and the protection of human rights. The IHC had upheld a verdict on Lakhvi delivered on Dec 18 by an Anti-Terrorism Court. The attorney general had sought more time to produce evidence, stating that over 50 witnesses had been produced despite death threats made to those ready to speak against Lakhvi and consistent delaying tactics used by the defendants. The case highlights the complexities involved in trying terrorists, notably those with Lakhvi’s influence. No doubt these factors will come up again in the months ahead. Trying terrorists is vital, but so is transparency in this process to avoid still further complications. The case extends beyond our own borders. It has major implications as far as ties with India go and is also being watched from other capitals. Of course this must not in any way influence the trial. But there is a need to ensure it is properly conducted. The SC has acted for just this purpose and in doing so has also brought up some key issues we need to take special heed of at this juncture.