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Friday, January 11, 2013

Law & Order__________Whose Responsibility Is It?



Although many people put all the burden of responsibility of the improper law & order of Karachi on the political parties sitting in the coalition government, however the ground reality seems to be different from this. Whatever picture is trying to be portrayed is not the reality as far as the ethics and the prevailing laws considered. It is repeatedly blamed that these are the coalition parties who are not only involved in the crimes, but also they pressurize the Police and the Rangers to not to take any action against the criminals, and if some are arrested, they should be released immediately. This is not only what the anti-government political parties claim, but even the heads of Police and Rangers have said the similar things.

It is very common that the opposition parties always try to malign the government or government parties by hook or crook and they try to make use of every possible matter in this respect. No matter, whether the opposition can legally prove their allegations leveled on the coalition parties in the court of law or not, it just keeps beating the drum of the same as long as they can cashed in on. However, the charges of the involvement of the coalition parties in the violence and also of pressurizing the law-enforcement agencies to protect the criminals, terrorists, extortionists and the target killers make the allegations very important.

The question is, if the coalition parties have been really pressurizing the law-enforcement agencies to perform an illegal act, why do the Police and Rangers follow it? Is that what they take oath to do? Does their oath allow protecting any sort of crime because of any pressure? No of course not! To tell the truth, to ensure the protection or security of the country as well as its people even at the cost of their own lives is the essence of the oath of the law-enforcement agencies and the army. Then, what does the compromising these duties mean?
Legally, the law-enforcement agencies are bound to obey the instructions or directions of only the Interior Ministry under which hierarchy-wise they come. So, whether they have to launch any operation against anyone or to release the arrested accused, relevant orders are required to come only from the same Minister. Then, how can the IG and DIG police or DG Rangers claim that they released the terrorists on the political pressure that came even from the parties who do not have the Interior Ministry? Moreover, even if any of the PPP leaders, other than Rehman Malik as Federal Interior Minister and Qaim Ali Shah having the Provincial Ministry under him, asks any SHO, DIG or IG Police or the DG Rangers to abstain from taking action against the accused or to release the alleged culprits, they are not supposed to follow it as he or she is an individual, not officially responsible to do so.

Furthermore, the Supreme Court has made it very clear through the Asghar Khan case that subordinates must not follow any kind of illegal or unconstitutional orders from anyone including their heads. In the light of Supreme Court`s clear directions, can the law-enforcement agencies give such an excuse anymore that due to the political pressure, they have to let the criminals commit violence in Karachi? Furthermore, it is accepted universally that nothing is more important than the human lives. Then, who would accept such an excuse from them? If this kind of excuse is taken up in the Supreme Court, I am sure that all the heads making these claims will easily be convicted of committing  a severe crime against their oath and the associated duties. Not only the heads of the law-enforcement agencies, even their subordinates would have to face the similar punishment on abiding by the illegal and unconstitutional orders.

It is very difficult to understand that why such illegal, unconstitutional, unethical and non-Islamic excuses are being tolerated by the political parties and religious parties? It can be understood that the anti-government parties take up these statements in order to target their political rivals, but why are the columnists, analysts, legal experts and the religious scholars digesting them? Are such statements not distorting the positive and respectable image of our law-enforcement agencies eventually? Should any party do its politics at this cost?
For instance, if the chief Election Commissioner, Chairman NAB, DG Railway or any other head of a government department confesses of doing something illegal or unconstitutional due to the political pressure, would PML-N, PTI, JI, JUI, PML-F and ANP accept such an excuse? Not at all! Not only that, none of these parties would ever consider such people as reliable. Then, why are they ignoring the confessions being made from the Police and the Rangers? It is fact that political parties always traditionally try to take up only those matters that can help them target their rivals. But, can it be acceptable at the cost of the human lives?

Therefore, all the political parties, civil society, anchorpersons, analysts and the lawyers` community must discourage such excuses so that the law-enforcement agencies can concentrate on their duties. In the same way, the DG Rangers and Police must bear in their minds that ensuring the protection of the lives and property of the common people is their prime responsibility for which they were appointed in Karachi. Therefore, they will have to act according to their oath and the terms of appointment so that peace can be restored in the city. Otherwise, neither the people nor God would accept such excuses.

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