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Sunday May 05, 2024

The bottom line

By Shakeel Ahmed
June 08, 2020

"Arrest the cops, charge the cops, charge all the cops, charge them in every City across America; Charge them everywhere; that is the bottom line." These are the words of Tamika Danielle Mallory which would never let die the present wave of agitation in America.

This 39 years old Lady is an American activist and a very vibrant supporter of the Black Lives Matter Movement, a 'campaign against violence and systemic racism towards black people. Such campaigns emerge when people feel they are being victimized by powerful sections and subjugated to prejudice and discrimination. This phenomenon is visible not only in America but elsewhere too including neighbouring India, which often flaunts its secularism and democracy.

No society could remain peaceful and prosperous unless there is a strong system of providing justice to all, particularly the man in the street. Whatever is happening there in America today is apparently the result of that prejudiced and partial judicial system which takes care of only the White and intentionally ignores the Blacks. Even in the courts, the Blacks have to face racial discrimination.

An analysis published by the Innovations for Poverty Action (IPA) says, "In 2004, over 40% of sentenced inmates in the United States were African-American, with African-American males incarcerated at seven times the rate of white males."

The Blacks in America have to face humiliation and disgrace all the time at the hands of the White and more painful is the fact that the judicial system also goes against them. If George Floyd were not a Black American, would Derek Chauvin have treated him in the same beastly manner, certainly not. Moreover if the court-jury consisted of the 'white judges, there are very strong possibilities that the culprit Derek Chauvin would get benefit of his skin-colour.

The actual problem is lack a system of taking the judiciary to task for its wrong decisions based on partiality and prejudice not only in US but also in most other countries. The situation is more agonizing in the developing world. Why a court should be considered above the law and viewed ss 'sacred-cows?

Don’t remember the name of that judge whose members of the family were shocked to see an Out-worn pair of shoe placed every day on his grave. They tried all their best to inquire into the matter but didn't succeed. So it was decided that every night one of the members would stay at the graveyard and try to catch the 'culprit". They didn't have to wait long. The very first night an old man was caught placing the pair of shoes on the grave. The matter was reported to the police.

He told the investigation officer that the judge's biased decision had ruined whole of his life, he lost his only son and all his property. He could do nothing in when that judge was alive but after his death, he expressed his hatred by placing a pair of shoe on his grave.

We have no right of blaming the judicial system of America when our own judicial system badly needs a lot of betterment rather repairing and reshaping. Judiciary no doubt deserves a lot of respect and honour but it must not be above the law in any case. We see in Pakistan, whenever any personnel belonging to some law enforcement agency or to any other government department is found allegedly involved in some corruption malpractice, he is taken to task by the investigation agencies like the FIA, NAB, and the Anti-Corruption Department.

Same is the case with politicians or the parliamentarians, no one spares them even for a slight slip of pen and tongue. From Zulfiqar Bhutto to Nawaz Sharif and from Benazir to Maryam Nawaz, there are countless politicians blamed for their alleged involvement in activities against the law and the law authorities never showed any soft corner for them. The politicians and the government-officials have to be answerable for the speeches they deliver, the decisions they make and even for the assets they forget to mention in their tax-returns. An impending sword of accountability is always around them but what about the judiciary. Should those in the judiciary be accountable for the speeches they deliver, the decisions they make and even for the assets not mentioned in the tax-returns of judges; certainly not all the time.

Any kind of discrimination generates nothing but a feeling of hatred and revulsion. Discrimination simply shatters the whole fiber of a society. Partiality and prejudice gives birth to the characters like Tamika Danielle Mallory and to the movements like Black Lives Matter.

The history of judiciary in Pakistan is replete with hundreds of examples of very honest and pious type of judges. We could never forget the glittering name of honorable Justice A.R. Cornelius whose honesty would ever remain bacon for all those who wish to be immortal in the history of justice; we need judges with the same passion.