Wednesday, March 30, 2016
Monday, October 19, 2015
Pakistani jails: Fast moving time machines
Almost everyone in Pakistan believes that jail authorities
count day and night as two calendar days and that is the fact, according to the
people, that those jailed for a certain number of years are released after
spending half number of years in jail. This belief is false but the fact is not.
There is a system of remission in Pakistan’s criminal
judicial system. Remissions are concessions in one’s punishment that are
granted by the government on special occasions i.e. Eids, Defence Day (6
September), Independence Day (14 August), Pakistan Day (23 March), New Year (1
January) and whenever a new government comes in power. These remissions are
called special remissions. They often range up to 3 months. Two Eids make it 6
months of no jail.
Then there are general remissions. They are given to a
convict on his good conduct, helping jail authorities to maintain law and
order, saving a jail official from attack of fellow inmate, donating blood,
getting sterilized, learning to read the holy Quran, getting education in jail
etc.
The remissions originating from good conduct range up to 5
days in a month. Donating blood and getting sterilized shortens the sentence up
to 3 months. Education is very beneficial. Remissions are awarded according to
the percentage of marks obtained in courses or exams.
A person convicted to 4 or less months is not entitled to
get remissions. The reason behind remissions is reformation of the convict. The
system encourages the convicts to shorten their period in jail by their good
conduct. It is like a ladder in the ladder-snake game. You do the right thing
and you are sent ahead of your time in jail.
Those who are convicted in cases of espionage and terrorism
are not granted remissions. A former client was given 25 years under terrorism
law. His sentence will not be shortened and he would have to spend a quarter of
the century in jail.
East India Company was the world’s first finger print bureau.
William Herschel was a British official. He was working for
the East India Company in India. In the year 1858, he ensured to obtain palm and
finger prints of the traders with whom he conducted business. William thought
that the practice might compel people into keeping agreements. Pleased with the
results, he wrote a letter to the inspector general of Bengal Prisons, asking
the inspector general to introduce the system in the jails. However, the reply
from the top jail official was not encouraging.
After some years, Edward Henry, the inspector general of
Nepal police, introduced the system in jails and police stations. The Nepalese
police would obtain finger prints of the accused for identification.
Who found about the uniqueness of finger prints of an
individual, is unclear. William and Henry were the first ones who had an
intuition that the lines on one’s palm didn’t only tell about the future but
they could also link someone with his past crimes.
Why mujay must mahool mai jeenay day would ensure less drug abuse
America imposed prohibition (ban on sale of alcoholic
drinks) with a national zeal in year
.The law makers thought that it would purge the society of ills of
drunkenness but they were surprised to find mafias mushrooming in the country.
Law and order worsened to the extent that dozens would be killed in liquor
related ‘crimes’. What had been an ordinary business turned into lucrative
smuggling. America tried its best to enforce prohibition, but kept on failing
before powerful cartels and mafia families.
The law makers had realized that it was their mistake
banning alcohol in the country. What had had remained a food commodity for
centuries, they had made a drug out of it and created mafias and criminal gangs
in the country. In the year 1933, the US had had enough of the prohibition, the
law makers brought in the 18th constitutional amendment which ended
the ban on alcohol. The prices of liquor fell overnight. All the liquor-related
smuggling issues vanished, giving rise to another interesting phenomenon.
When the former bootleggers and criminals had no way to make
money, they turned to bank robberies and kidnappings. America witnessed a surge
in these crimes.
Recently, many countries in the world are removing marijuana
from the list of banned intoxicants. The results have been encouraging. Their
trade is regularized, which gives the government a fair idea of number of drug
users and the amount consumed by them. Statistics have been analyzing the data
to formulate future government policies to reduce its consumption.
Why can’t Punjab Police beat London Police
The London police aka the Scotland Yard came into being 186
years ago. It started its work under The London Metropolitan Police Act, 1829.
There were no computers, forensics, modern equipment and criminologist at that
time, but London police remained committed to effective policing from its
inception.
The Metropolitan Police headquarters is located in a
compound which once housed Scottish royalty. Hence, the name Scotland Yard.
The British wanted the London police to be the best. Before
raising the force, they listed principles which would govern the police. They
envisioned that the police must be stable, efficient and organized along military
lines. It must be under the government control. No indicator can determine the
efficiency of police except the absence of crime. Distribution of crime news
among police force was made essential.
Control on one’s temper was declared to be an indispensible
quality for the police officers. The lawmakers believed that a quiet determined
manner had more effect than a violent action.
The uniform was designed keeping in mind that good
appearance commands respect. For the safety and security of the public, every
police officer must be given a number prominently displayed on his uniform. The
police headquarters must be easily accessible to the people.
To ensure quality policing, it was decided to hire the staff
on probation.
Checks on the police were so strict that there were 5,000
dismissals and 6,000 forced resignations from the force during the first three
years of its operation.
The Punjab Police Rules 1934, govern the police in Punjab.
These rules lack everything what the Metropolitan Police possesses. Since 1934,
there were a handful of dismissals and a few forced resignation. The police is
still used as a personal force. Hundreds of its staff still guard the houses of
wives of Chief Minister Shahbaz Sharif. Half of the force is on VIP duty at any
time.
The policing services are available for anyone with the
money. You want the police to patrol your area, you have to pay them. You want
the police not to patrol your area, you have to pay them.
There is no
discipline in the force. Members are often found harbouring criminals and
facilitating mafias. The investigation is corrupt to its core. Investigator
demands bribe from the complainant of the case to strengthen his case; and
obtains favours from the accused to leave loop holes in the case for him.
Things are so organized that bribe is divided among various ranks with
professional zeal. Police officers are posted to various police stations with
an undertaking that they would provide a specific sum of money every month to
higher authority.
KPK police is undergoing a change. Ever since the PTI came
into being, there has been 5,000 dismissals from the police force. Nothing
disciplines a force better than dismissals.
Wednesday, September 30, 2015
Friday, July 31, 2015
Corruption: The lawyers way
He is asking
bribes for judge
Often your
lawyer would tell you that the judge is corrupt and would not decide your case
in your favour until you pay him bribe. Then the lawyer would tell you that he
has a connection with the judge. You will be required to pay the bribe to the
lawyer or some friend of the lawyer. You will not have a one-to-one meeting
with the judge. You will be given just the assurance. Often a money back guarantee
is given. Since your lawyer can foresee the outcome of your case, he will keep
the money in his account. If he looses the case, you get the money and if you
win the case, he gets the money and the judge earns the bad name.
A person was
offered such a deal. He met the judge on his own and discussed the case. The
judge obtained Rs 3 million bribe from him on a Rawalpindi petrol pump and took
out a small pocket sized Islamic book and took oath on the holy scripture that
he would decide the case in their favour. The judge observed the oath.
He is asking
gifts for the judge
The lawyer
would tell his client that he is going to meet the judge in the evening or on
the weekend and that he intends to take some gifts to his house. The lawyer
also promises the client that the former would also discuss latter’s case
there. The client is then taken to various shops. All those gifts ultimately
ended up in lawyer’s house. A lawyer in Jhelum demanded a VCR for the judge.
The client, who had recently returned from Saudia Arabia, provided the VCR
within a suit case. The lawyer told the client that the judge not only liked
the VCR but also took the suit case. Years later, the client visited the
lawyer’s house and found that the VCR which was taken in the name of the judge
was lying in lawyer’s TV trolley.
He is asking
thousands of rupees for photocopies that are worth a few hundred.
I was
conducting a case in anti-corruption court. My opponent lawyer told his client
that he needs to present Indian case laws in the court as judge really likes to
read Indian case laws. The lawyer asked his client to give his clerk Rs
30,000/- as the books have to be ordered from India and they would come via PIA
flight. The ignorant client paid the fee. After the client was gone, the lawyer
sent his clerk to the library with instructions to get the law photocopied.
He is asking
for exuberant court fees again and again
Whenever a
civil case is moved in the court. The law requires a certain amount of court
fees. It depends on the value of the case property. The court fee never exceeds
Rs 15000/- and it is always deposited in the government’s exchequer. There has
been instances where lawyers charged Rs 70 or 80 thousands from ignorant female
clients when the court fee was just Rs 15/-.
He has to
buy books to prepare your case.
Some lawyers
would tell their client that they need certain books to prepare your case. The
bill demanded would usually be in thousands.
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