Why fear from jails?

LAHORE    -    For two days con­tinuously, Zaman Park Lahore and its inhabitants faced the worst tear gas shelling in the wake of at­tempt to arrest the Chairman PTI Imran Khan; thanks to the Hon­ourable Lahore High Court for bringing sigh of relief to the residents of the affected area in particular, and to the citizens of Lahore in general suspending the operation to arrest for the time being. The arrest of Imran Khan was needed by Islamabad Police in compliance of an arrest war­rant issued by Session Court Islamabad that could only be executed with the help of Punjab police having its territo­rial jurisdiction. Though it was legally required to execute the warrant in or­der to establish the writ of the state yet the justification put by Imran Khan for resistance to surrender is quite serious and cannot be oversighted as he says he has genuine life threats from his political rivals besides threats to face humiliation and third-degree meth­ods as tirade of interior minister Rana Sana-Ullah against Imran Khan is an open secret. Historically speaking, it is interesting to know that during the British Raj leaders, both of Congress and Muslim League were always ready to surrender for arrest leading from the front, and the 2nd line leadership graced themselves along with other followers to initiate ‘Jail Baro Tehreek’ placing themselves in jail in order to show solidarity with their leaders. To find solace in jail was so fearless phe­nomena that Mohandas Karamchand Gandhi was confined thirteen times from 1908 to 1942. Even our own his­tory is replete with stark events of gal­lows to jail whereby the prominent leaders and poets can be seen behind bar including Mujeeb-U-Rehman, Zul­fiqar Ali Bhutto, Faiz Ahmed Faiz, and so on. If jail has been a fearless place for political leadership in the past, then why to feel fear from jail now? Unfortu­nately, the power politics dominated by ruling elite consisting of feudal, and in­dustrial gentry skimmed the space for politics of argument that had travelled since long passing through the period of British rule. Our later political gen­try in Pakistan preferred to curb every dissent voice instead of engagement in result thereof political rivalry of argu­ments was converted into enmity re­sulting into registration of false cases leading to the fear of torture sending alarming waves within the political circles. The political elite of the coun­try found relief in avoiding to go to prison by all means fearing that law of the land is unable to protect a politi­cal prisoner’s rights and the violation of these rights is the order of day by those in power. Since from the maiden law of prison in the sub-continent i.e Regulation III of 1818 and the subse­quent legislation such as The Prison­ers Act, 1900; The Punjab Borstal Act, 1926 accompanied by Prison Rules 1978 protect the dignity and honour of even the common prisoners in all re­spects. Besides, International Covenant on Civil and Political Rights adopted and ratified by Pakistan guarantee all rights against, “torture or to cruel, inhuman or degrading treatment or punishment” by virtue of Article 7 therein. Our own constitution of 1973 ensures, the in­violability and dignity of man by virtue of Article 14, and to the fair trial under Article 10-A, however, on account of the dearth of application of the constitution and law, fear to maltreatment reigns supreme in our land. Politics of serious confrontation between the PTI and PDM spreading across the country is inviting nothing but political turmoil besides ig­nominy by the foreign media. Especially our eastern neighbouring country has gone much ahead to make us laughing stock in the wake of present furious tus­sle yet despite all above, still no room for rationality is insight from those who are driving the politics only for their petty self-interests at the cost of country. In order to steer the ship of the country through sea of troubles, vision and sac­rifice of personal interests is fore most required which is essentially lacking in the present lot of leadership dominated by feudal and tribal mindset who is pro­jecting nothing but Maula Jatt culture. During the turbulent times of politics, the voice for sanity is much more need­ed to strengthen the state in order to establish the trust of its citizens. We did experience this foresightedness in the past in the backdrop of assassination of Benazir Bhutto and ‘Model Town Mas­sacre’ whereby in the former case PPP leadership chanted ‘Pakistan Khappey’, while in latter, Sheikh-Ul-Islam Dr Ta­hirul Qadri resolved to observe peace leaving the matter to the courts. How­ever, absence of sanity in the present political confrontation is likely to ag­gravate political uncertainty neverthe­less despite all odds, there must not be any dead lock in the political process in any manner as continuation of political process is the basis for social harmony. Even during the dismal periods of his­tory such as facing calamities, and even wars a country’s political process is needed to be continued to overcome po­litical crisis failing which confusion and chaos deepens with each passing day creating administrative and economic Hugger-Mugger for state and its peo­ple. Is it failure of our democracy? The national leadership is not sensing the gravity of the situation to set the home in order. The torture shall beget torture , and will only endanger the productiv­ity and development restricting the eco­nomic activity, and thus, further putting the burden on the middle classes push­ing them to the wall to leave in lurch. Imposing emergency is no solution if the government is thinking as its reac­tion may give birth to a movement for revolution march which at present shall bring nothing but anarchy and insta­bility to the state of Pakistan which is already under deep waters of conflicts and tensions on the landscape of world politics torn among America, China, and Russia. If politics to remain in the field to run the affairs of the state nev­ertheless there is no other substitute to it then why to rise temperature of enmity to such extreme level where jail from the distant eye appear as place for torture or death so as to avoid at any cost paving the way for chaos. Is gov­ernment needs chaos to postpone elec­tions nevertheless the state does not, and, cannot afford to do.

ISHTIAQ CH

The writer is advocate of Supreme court of Pakistan and can be reached at ishtiakch@gmail.com

The writer is advocate of Supreme court of Pakistan and can be reached at ishtiakch@gmail.com

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