Huzaima Bukhari
“True freedom requires the rule of law and justice, and a judicial system in which the rights of some are not secured by the denial of rights to others”—Jonathan Sacks
When a retired Pakistan Administrative Service (PAS) colleague (Mr. X) spoke about his experience with the conventional government agencies, the idea that absence of a sound justice system can play havoc with the morals of a society, became even more profound. Observing rules is one thing but where these are violated, not by the public at large but by the very officials appointed to uphold them, demands a much deeper insight into the working of these agencies and the mind-set of their employees. Thus, where certain institutions meant to facilitate the public, begin exploiting people’s ignorance and twist regulations in ways that lead to frustration, then one can only crave for a strong judicial intervention or a people’s revolution.
Mr. X narrated some incidents pertaining to his posting as assistant commissioner in the late 1980s and early 1990s and from 1996 to 1999 as deputy commissioner in two districts. The practical aspect of training of PAS and police officers relates to working under senior field officers who are supposed to act as guides to the younger lot. So, in his capacity as a mentor, Mr. X would send these juniors as ordinary citizens seeking new electricity/telephone connections or visit police stations as complainants to understand their working as laymen. According to him, 99 percent failed in accomplishing these tasks, the reason of course is anyone’s guess. They were openly asked to either grease palms of those who mattered or suffer torture of red tape and highly complicated rules.
Being a diligent officer himself, Mr. X went on to mention his personal experiences when he, along with his colleague (not less than superintendent police) would visit remote police stations as complainants not disclosing real identity. They were met with nightmarish treatment at the hands of Station House Officers and other lower staff. After thoroughly testing their own nerves, they would then reveal themselves much to the dismay and shock of their tormentors. These incidents aptly portray the bleak environment existing in public organizations and continue to infest them till today.
Interestingly, this scribe has time and again suggested to the trainers in Civil Services Academy, to send probationary officers as members of public to different government organizations to get first hand knowledge about what the people have to bear when dealing with remnants of colonial legacy. On the contrary, these probationers are made to believe that they are above everyone and public service means that the public is in fact meant to serve their needs. In most of the cases they end up with a mind that is infused with an arrogance that was the hallmark of our pre-partition British masters.
One is then forced to lament about the bureaucracy’s evolving character that is now reigning supreme in our Land of Pure. From the most petty function to the most complex, people are made to run from pillar to post and from one table to another in a bid to move their files unless they are willing to pay everyone or find a strong reference. In a country that claims to have been created in the name of a religion that teaches piety, where officials are quick to respond to the call of prayer in specially assigned rooms in their buildings, where bribery is considered a major sin and service to humanity is akin to worship, a corrupt bureaucracy is nothing more than anti-thesis of the great religion or in plain language, dearth of rule of law.
Rule of law is the principle that no one is above law, even those who enact, interpret and administer them. It serves as a safeguard against tyranny, because fair, just, and impartial laws ensure that rulers do not become corrupt or despotic. Under the study of jurisprudence, the concept of ‘rule of law’ is quite complicated but in simple terms, it implies that all persons regardless of their status, are subject to law.
This is in sharp contrast to monarchy or oligarchy where rulers are law unto themselves and the king can do no wrong. So, if a commoner murders someone, he could be hanged but the king would get away by killing anyone. In order for any government to exercise complete control over its citizens and the overall administrative structure, it has to enforce rule of law without discrimination. Hence, if a high court judge is caught flouting traffic rules, or if a government official is involved in smuggling activities, or professionals are found making public confidential information about their clients; they all deserve exemplary punishment and must be forbidden from taking any advantage of their high-profile statuses or even their connections.
When rule of law is inbuilt in the public systems there is marked reduction in corruption, poverty, diseases and inculcates discipline providing a shield to the people against all forms of injustices. For establishment of a peaceful society, rule of law is the foundation stone upon which good and accountable governments build themselves. As per World Justice Report 2017-18: “The rule of law is not just the rule of lawyers and judges: All members of society are stakeholders.”
Rule of law has a direct bearing on every living member of society. If political masters are sincerely interested in improving the country, it is incumbent that they first establish rule of law within their own ranks and then attempt to bring the nation under its control. When corruption is rampant, where instead of facilitating, regulators place hurdles, contracts are openly breached and the courts take forever to adjudicate such disputes, one cannot expect economic growth or a reasonable tax turnover. Unless and until basics are not corrected, no society can flourish nor the people living therein, can ever be happy!
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The writer, lawyer and author, is an Adjunct Faculty at Lahore University of Management Sciences (LUMS), member Advisory Board and Senior Visiting Fellow of Pakistan Institute of Development Economics (PIDE)