Performance of model courts
A total of 12,584 murder and narcotics cases have been decided in around five months by 167 model courts established across the country to conduct speedy trials, according to official data. Against the backdrop of 1.9 million cases pending before law courts at different levels as of January 21, 2019, this is indeed an encouraging sign. This shows that the setting up of model courts is giving the desired results. The Chief Justice of Pakistan, Justice Asif Saeed Khosa, had ordered the setting up of model courts for swift disposal of the criminal cases involving heinous offences that mostly remain pending before overburdened sessions courts. The model criminal courts (MCTCs) decided 4,897 murder and 7,687 narcotics cases by conducting expeditious trials since their establishment on April 1 this year. A total of 55,619 witnesses were examined in these cases. A district and sessions judge of the MCTC Islamabad-West topped the list by deciding 69 murder cases, followed by an additional district and sessions judge of the MCTC Qambar-Shahdadkot who decided 60 murder cases. An additional district and sessions judge of the MCTC Mardan decided 55 murder cases.
The statistics show that the model courts in all the four provinces and the Islamabad Capital Territory have given good results by deciding cases in a few months which might otherwise have dragged on for years.
In most developing countries, court cases linger on for years and decades. There are several causes of this. Law courts have to be fully satisfied before they deliver their judgments. The basic principle on which law functions is, let 99 murderers go scot free, but no innocent should be punished. Law courts are not supposed to rush through while deciding cases. However, sometimes circumstances arise when speedy trial courts are set up to clear logjam of cases. Adjournments sought by lawyers also delay cases. In recent years in Pakistan, lawyers often go on strike to protest issues confronting society as a whole and sometimes only themselves. Unnecessary delays in dispensation of justice should be discouraged. This is what the model courts are doing.
The continued lockdown
It’s been exactly 30 days today since the residents of occupied Kashmir were cut off by New Delhi from the entire world, and internally as well. That the government of Narendra Modi is scared of lifting the brutal restrictions it had imposed on August 5 while revoking the special status accorded to the occupied state under its constitution is pretty evident. While the Indian rulers are historically aware of the determination of the Kashmiris, they are unlikely to have forgotten a recent show of resilience by the unarmed freedom fighters that came in the wake of the martyrdom of young Burhan Wani on July 8, 2016. The curbs in Kashmir are, therefore, set to continue into another month, with a callous disregard for the lives of some seven million men, women and children that are truly at risk.
The Burhan Wani martyrdom had, meanwhile, triggered an unprecedented uprising that refused to die down for more than a week after which New Delhi moved to impose curfew restrictions in many parts of the occupied state. The restrictions — on supplies and communication channels — were lifted after 53 days, but the unrest continued for eight months in 2016 and 2017. More than 90 civilians were martyred during what is regarded as “Kashmir Intifada” while around 15,000 others were injured, many of them blinded, as Indian security forces used pellet guns, teargas shells, rubber bullets, as well as assault rifles in their bid to control the unrest. Two security personnel also died while more than 4,000 personnel were injured.
Also called the Burhan aftermath, the Intifada has energised the freedom movement in Kashmir and serves as a constant reminder to New Delhi of the unparalleled resilience of the Kashmiris who carry no weapons, except for small pieces of rocks and stones, but can fight a much mightier enemy — an enemy that is armed to the teeth — till the last drop of their blood. So whenever it happens, the lifting of the oppressive curbs is unlikely to go without a violent response — and an endless one this time.