Legally unjust?

[Omer]

Position power holds fatal attraction. It creates insecurities and uncertainties that make a human being do all sorts of inhuman things. The never-ending saga of the government vs the judiciary has entered the same political fatigue that has beset nearly all other contentious issues. These endless political feuds lead to public disenchantment, making the common man indifferent to the consequences of this constant battle of the egos. Increasingly, cynicism is sinking in where judicial activism is being viewed as just another attempt of a few powerful men bent upon proving themselves right rather than doing the right thing. However, the government, as usual, is so obsessed with procuring a tit-for-tat strategy that they are displaying their lack of political acumen to the fullest.

Merit, fairness and justice are matters of the rule of law. Laws are a matter of interpretation and across-the-board application. Across-the-board application means those who merit and those who do not merit are meted out the same treatment. Herein lies the strange dichotomy of being legally unfair and fairly illegal. The prime minister promoted 54 bureaucrats from Grade 21 to Grade 22 in September 2009. The Supreme Court considered these bump ups a violation of the law and has reversed the decision, which means that the cream of the bureaucracy holding important positions is now in a dilemma of not only safeguarding their plush perks but their self-respect as well. There have been a couple of resignations by the affected officers in protest at this degradation. Unfortunately, those who have resigned are the ones whose performance and character are unquestionable.

The conspiracy theorists say that the fact the government has accepted the judge’s decision very meekly is evidence that it is trying to turn the bureaucracy against the judiciary in an attempt to strengthen opposition to the interference of the courts in the matters of the executive. Whatever the reason, the country is going through an immense trust famine where anything to do with the government is viewed with suspicion, scepticism and cynicism. Unfortunately, when trust is almost nonexistent, the truth is considered false, merit becomes nepotism, and plans are perceived as conspiracies.

The fault lies in the rampant moral corruption that has plagued universally the rank and file of government offices. The civil service has really undergone serious reputation damage. There was a time it was considered the most prestigious of careers. People of high aspirations, who wanted to develop themselves and serve the country, went through a rigorous process of selection and training to join the ranks of the select few. Top bureaucrats were major contributors in developing long-term policies for the country. Traditionally, bureaucrats working in a government environment always earned the reputation of perfecting the art of red-tapism and proving the merit of inflexibility, but never before were they accused of wholescale cronyism and nepotism, which has now become the hallmark of public service. No longer is it regarded as a career of choice but as a career when there is no other choice. Many in the recent selected lists of candidates are those who, having tried other careers unsuccessfully, have resorted to this career as an escape rather than an avenue of development. They enter this service with a defensive frame of mind in search of an easy and lax environment where minimal effort will give maximum returns. As they see the toxically retarding environment prevailing in these offices, where the whole focus of most of the officers is how to make laws carved out in ancient history assume draconian proportions for the frustrated public, most of them feel that the best way to exert power and seek sadistic pleasure is by blocking rather than facilitating service to the hapless public. The reckless and ruthless abuse of the multiple perks that civil servants enjoy reinforces their image as apathetic uncivil mercenaries. Thus bureaucrats are now more dreaded than the politicians of this country because they say that politicians may come and go, bureaucrats will simply go on unlimited leave, become an OSD (Officer on Special Duty) and then be reinstated when their own networks regain power.

The new job description of the civil servant has drastically changed. It is not to serve the public but to serve those in power. Every government comes in with their own list of favourites who they know will support them in their power perpetuation plans; in turn these civil servants are elevated to positions that are, many times, unmerited. This has created a culture of incompetence, indifference and crass disregard for principles and laws. Any attempt to reform civil servants has failed miserably. One example of the absolute wastage of taxpayers’ money is the World Bank loan for capacity building of the bureaucrats. This has become a lottery for most of the high-ranking officials where each one is going to prestigious universities like Harvard, Stanford and Princeton at exorbitant costs of almost $ 100,000 each. This has added great value to their respective CVs, making them eligible to act as consultants to the World Bank, the UN, etc, further devouring the diminishing reserves of a nation knee-deep in debt. With little accountability on how this capacity building initiative has added value to the contribution of their service, these loans have become an all-expense-paid vacation, shamelessly robbing the country of its scarce resources.

Justice is definitely the need of the hour. Restoration of an independent judiciary has been one of the best political feats of this country. The major mission of this supreme institution is to provide speedy and fair justice to the ordinary man. However, preoccupied with proving their supremacy over the government, they may be in danger of defaulting on their major reason for existence. Yes, government activities must be brought into the domain of the law, but until and unless courts at the grassroots level provide quick solutions to people’s problems, they are going to reinforce the thought that this institution is also obsessed with proving its might rather than doing what is right. To restore faith in the judiciary, it must lead by example. It must prove that the NRO and any other unlawful anomaly will be pursued without discrimination, regardless of whether the culprits belong to the ruling party or the opposition. Justice must start at home, justice must be for all, justice must be absolutely fair, justice must not punish the innocent and justice must not spare the guilty. Without these commandments, laws and justice will always be at the mercy of those who can arm-wrestle the truth and twist and bend the law to serve their own vested interests rather than the interests of the larger public.

Link: http://www.dailytimes.com.pk/default...9-5-2010_pg3_3