Governments
around the world derive respect from their citizens through good governance and
fear and deterrence of law, which they implement indiscriminately. While the
governments enforce rule of law through state functionaries, it also provides
for due indemnity to the relevant officials who perform their functions within
the parameters of law and in good faith.
Every
state has evolved a system of punishment to ensure respect for the law and
harmony in society. This system instils the belief that fear of punishment would
deter crimes in the future.
The
prompt and indiscriminate dispensation of justice law not only generates
respect for the law but also creates deterrence against breaking of the law.
It
is the fear of the law, which creates deterrence to stop the people committing
a crime and this deterrence, in turn, becomes an invisible cop to control the
crime. In other words, fear and respect of law are correlated in the criminal
judicial system. At the same time, the fear carries negative fallout in the
society if this fear of law takes the shape of a tool of victimisation based on
vendetta, extraction, humiliation and fear of losing their belongings & job
and fear of non-protection of their investment and protection of life. Fear is
an unpleasant emotion caused by the threat of danger, pain, or harm whereas
deterrence is the act of discouraging an action or event through instilling doubt
or fear of the consequences.
The
history of various countries speaks of their efforts to address the challenges
faced by those countries, including fighting wars, to stand higher in the world
community.
On
the contrary, it is ironic that our national leaders are themselves demonising
the country portraying it as the most corrupt country on the international
forums as well as in the media. They are portraying every Pakistani as money
launder, drug supplier and rape criminal etc.
The
revengeful attitude of the government towards the opposition is never going to
benefit the country. The rhetoric of corruption without indiscriminate
accountability is not creating any deterrence or fear of law rather supporting
the narratives of the criminals.
The
ICJ, which leaked the Panama Papers, hit the 140 well-known politicians from
around 50 countries of the world. The Panama Leaks within a few hours shook the
foundations of power around the world. It triggered the resignation of
Iceland’s Prime Minister while President Mauricio Macri of Argentina started
getting calls to resign. If we look closely into the names, all of those were regarded
as the great or respectful leaders.
I
am a great supporter of accountability through courts of law and not through
media trial or through publicised investigation and propaganda, which not only
negates the maxim of law that “every person is innocent unless proven
otherwise” but also brings disrepute to the accused person as well as to the
country. The accountability of politicians and bureaucrats through media has,
on one hand, caused embarrassment to our own country as well as the countrymen,
but on the other hand, we also rant about lack of investment in the country
because the investors are fearful of their security and life as well as the
fear of loss of their investment due to frauds or unstable investment
environment. The fear of the investors is the product of non-existence of any
legal deterrence against violation of laws. When the investor feels insecure in
terms of his security to life and investment, he takes his investment to other
countries like Sri Lanka, Bangladesh, Canada, and Thailand rather investing in
his own country.
For
God sake! The government must undertake the accountability of all the corrupt
elements through the application of relevant laws by the competent courts but
not through social media propaganda, press conferences or electronic media. The
extra-judicial accountability of any person accused of corruption or corrupt
practices is having negative effects on the relevant state institutions, which
ultimately fail in their duties to protect the rights of the citizen against
any injustice.
The
bureaucrats, bankers and other officials are now scared, and they are not ready
to give their honest input in the files, as they are scared of Interrogation
and implication in any case in future.
We,
as a state, have only promoted the fear rather than promoting the idea of
accountability in our business community and investment sectors through the
indiscriminate application of laws. Let me call it as “fear technology” in the
name of accountability to terrorise various factions of society, including
businessmen and the potential investors. This fear technology is eating away
comfort zone for general public and investors, including government officials.
This
fear technology has almost paralyzed our bureaucrats with fear of humiliation
even in performing their normal duties. The present government has so far also
failed to give confidence to the officials and business community to work
fearlessly. I have a firm belief that the government is almost at halt at
present because of the fear of insecurity induced in the minds of official
functionaries. The government has to enhance the sense of security to all the
stakeholders for better governance and transparent accountability through
accountability reforms. We as a nation have to halt the use of fear technology,
which is highly detrimental to the entire governance system. Let us be
accountable as a nation for our every act and let the State ensure not to
promote or adopt the use of fear technology to overpower the opponents to run
the government.
I
fully appreciate and endorse the views expressed by CJP Mr Saeed Khosa that
“let us also discuss how the legislature can be restricted to its legislative
domain and how the legislators can be held back to their legislative role
rather than encroaching upon the executive domain through development funds and
through interference in appointment, posting, transfer or promotion of public
servants which is the main breeding ground for misuse of authority, corruption,
lack of merit, inefficiency and the resultant bad governance”.
The
bureaucrats need constitutional protection for their legal and honest actions
taken in good faith whereas politicians need to be treated with respect rather
are subjected to media trial. Similarly, the business community needs to be
respected and protected for their services to the country and any action
against above all should be initiated only once a crime is established. The
accountability laws should be reformed to put an end to the victimisation and
accountability agencies should follow the law strictly and should be liable to
accountability and punishment in cases of false prosecution.
The Article has been Published in ‘’The
News’’ on January 22nd, 2019
The Link to Article is: https://www.thenews.com.pk/print/421969-business-as-usual-at-halt-fear-technology-and-state
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