Reading Time: 5 minutes If you are a citizen of Pakistan, then it is not exactly a shock that an injustice has been done. Somewhere, all the time in this country, there will be a case of the guilty getting away and the innocents having to suffer as a result. This tends to happen when there is a power imbalance involved-the victims always having to bear the brunt of the sharp edges of the legal system (or the lack of the comfort it should give) when they are not rich, not powerful, and do not have the influence that the guilty often have.
If you are a citizen of Pakistan, then it is not exactly a shock that an injustice has been done.
Somewhere, all the time in this country, there will be a case of the guilty getting away and the innocents having to suffer as a result. This tends to happen when there is a power imbalance involved-the victims always having to bear the brunt of the sharp edges of the legal system (or the lack of the comfort it should give) when they are not rich, not powerful, and do not have the influence that the guilty often have.
The more developed a nation is, the more likely it gets that the powerful face the same legal system that the weak do-people are more equal. Conversely, when the powerful keep getting away with the most egregious of offences and the weak are held to the sword for every misstep they make-either illegal or something that inconveniences someone in power.
It is no surprise to anyone concerned that Pakistan falls neatly and directly into the latter category. Recently, Pakistan was able to make it out of the FATF grey list- a piece of what seems to be good news for every Pakistani, but the truth of the matter is that this is the same Pakistan where the vacuum left from terrorism is immediately filled up with horrific news of injustices that lead the common man with one sole aspiration-work hard enough that your kids can eventually leave the country.
And why not? In a country where ninety percent, or even more, of the nation is not catered to, or cared for, or protected by the wolves in power, it makes sense that no one wishes to stay, or stays willingly in this country. There is one case that exemplifies the extreme divide between the elite and the normal people of this society that stands out amid many-the recent eviction of Shahrukh Jatoi.
If you are familiar with the case and the details associated with it, or if the name sparked a flicker of recognition in your mind, you must already understand that it only showcases the norms in our society.
In any case, this article serves as a recounting of events regarding this case, which started more than a decade ago, and also as a brief opinion piece depicting the feelings of the average Pakistani on this situation.
A young woman, newly married, was returning home from her Walima (wedding feast) in Karachi, when she began being harassed by a few rowdy young men hailing from an elite feudal family with access to both fire-arms and influential connections.
The latter served as a way to get away with using the former as they pleased. This is exactly what happened.
Shahzeb, the brother of the young woman, got into an argument with the men that were harassing his newly married sister. Hot words were exchanged, and the situation was seemingly resolved. All parties left the area and the night proceeded with things returning to normal.
However, Shahzeb’s father received the call that his son was lying in Ziauddin hospital, brought there by his friend, and was in critical condition. By the time the man reached the hospital, his son had passed. A victim of what seemed to be a random act of violence. It was found, however, that it was anything but that. The following is an excerpt from the order sheet pertaining to the case presented to the Sindh High Court:
“Examining the instant case with the above yardstick of law, I am persuaded to agree with the learned advocate for the complainant that murder of deceased Shahzaib has been committed by the accused with sole object to set example for public at large more particularly the parents of young daughter not to object the act of the accused or their employee for teasing their young daughters. The further statement of the complainant recorded on 25.12.2012, (on very night of registration of the FIR), manifest that Miss Maha was teased by house servant (Ghulam Murtaza Lashari) of Siraj Talpur, she made telephone call to her mother, the later issued directions to deceased Shahzaib to go for rescue of his sister.
Meanwhile, bickering had taken place between Shahzaib and Siraj Talpur, Sajjad Talpur, Shahrukh Jatoi, house servant, Salman Jatoi and Asif Lund. Shahrukh Jatoi and Siraj Talpur were armed with pistols. They issued threats of dire consequences to Shahzaib, the complainant endeavored to settle the dispute, he was directed by Siraj Talpur to seek pardon from his employee by his son Shahzaib. On the direction of the complainant the deceased did so. Even then the malefactors Shahrukh not accepted the said pardon and while disclosing his identity of son of rich man namely Sikandar Jatoi declared to exterminate Shahzaib. Thereafter, again started beaten the later, whom his father (the complainant) asked to leave the subject place. The said deceased in his car alone went away, he was followed by accused persons four in number in a car while making aerial firing. Mohammad Ahmed Zuberi and Mohammad Shah friends of the deceased also followed both the cars on the directions of the complainant. After sometime later informed the complainant that deceased Shahzaib was attacked by the accused at Khayaban-e-Bahria and caused him fire arm injuries, who was brought at Ziauddin Hospital but could not survive.”
The bones of the matter is one sentence, above all from the report:
“..sole object to set example for public at large more particularly the parents of young daughter not to object the act of the accused or their employee for teasing their young daughters.”
Shahzeb was not shot at the scene of an altercations when blood was running high and the aggressors were not in control of themselves, it was an extension of an earlier campaign of wilful harassment and touting of influence with the knowledge that they could and would get away with anything they wanted. Shahzeb had left the scene after the altercation, understanding that matters were getting out of hand and choosing to leave.
Why is this matter important?
Well, in 1979, during Zia ul Haq’s tenure, a loophole was introduced into Pakistan’s legal system that has allowed the main perpetrator: Shahrukh Jatoi to walk free.
It must be noted that the rules for Qisas and Diyat are both horribly twisted in both the spirit and letter during the Jatoi case.
“In the Federation v Gul Hassan, the Supreme Court declared parts of the penal code unIslamic because they didn’t contain space for Qisas and Diyat — the allowances of retribution and payments of blood money.
Sections 299 to 338 of the PPC, related to bodily hurt and murder, were repealed and replaced with new provisions, which the then government claimed were in accordance with the Islamic injunctions and the Supreme Court’s judgment. Similarly, some provisions of the Criminal Procedure Code, 1898, were amended and legal heirs of a deceased person were authorised to enter into compromise with a killer, even at the last moment before the execution of a sentence.” (Abdul Moiz Jaferii, Dawn)
It seemed Shahrukh Jatoi escaped all consequence for his actions. His family used their connections and influence to pressure the family of the deceased into pardoning the accused after the Anti Terrorism court had already handed Jatoi the death sentence.
Thankfully, the case had gained a little notoriety, with public figures and protestors calling for Jatoi to be made to answer for his crimes. Even though he had escaped to Dubai after committing murder, he was called back to the country and handed what seemed to be justice.
However, this is not a perfect world but one where the elite can get away with gunning down the son of a police official, let alone the average man, Sindh High Court ended up ordering a retrial for the four accused, and the Apex court acquitted all of them this very month October of 2022. The accused had not been in jail for eight years for their crimes.
The acquittal was based upon the fact that the accused have already been pardoned by the family of the deceased.
The family of the deceased now resides in Australia. The accused are free to go anywhere they please. Shahzeb lies six feet under cold dirt.
“The office of the Attorney-General will be filing a review petition against the judgment of the Supreme Court … pending issuance of detailed reasons, in the interest of justice,” thus reads a statement issued on the matter by the Attorney General’s office right after the acquittal of Jatoi.
We can only hope that the Supreme Court can uphold the initial decision by the ATC and ensure that the amendments pertaining to Qisas and Diyat do not end up being abused by the elite and the powerful in the future.
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