EDITORIAL : THE DAWN, PAKISTAN

 

Mukhtar Mai case

 

THE Supreme Court verdict in Mukhtar Mai`s gang-rape case has finally been delivered and for many it is a deeply disappointing one. Since 2002, the issue had remained unresolved. The SC has now upheld a Lahore High Court verdict to acquit all but one accused found guilty by a trial court. While no one would advocate that those charged be sentenced without sufficient evidence, what must be kept in mind is that this is no ordinary case. The latter is, in fact, unprecedented in that Mukhtar Mai has pursued the issue very publicly in a society where women suffer sexual assault in silence. As such, her case has become symbolic of the struggle for women`s rights in Pakistan, and the outrage expressed by human rights groups at the verdict comes as no surprise. What has perhaps deepened their frustration is the apex court`s dogged pursuit of other issues it deems important, such as the NRO, various corruption scandals and the reappointment of certain government officers. It had given the impression of being a pro-people court by, for example, reviving the missing persons` cases and taking suo motu notice of increases in power tariffs. Coming from such an active SC, the failure to bring Mukhtar Mai`s attackers to justice, even if doing so would require further investigation, is a bitter pill to swallow.

The specifics of the verdict are also problematic — if a rape with multiple witnesses and such extensive media coverage goes unpunished, what Pakistani rape victim will try to obtain justice? The SC judgment also betrays insufficient sensitivity to social context; it is entirely believable, for example, that a Pakistani rape victim would need several days to decide to file an FIR and that her family would take some convincing to do so, both points raised by the court as weakening Mukhtar Mai`s case. And given the insufficient investigation capacity of Pakistani police in rape cases, which often suffer from delayed reporting and lack of witnesses, victim testimony must carry significant weight. Furthermore, the trial court verdict had already confirmed gang rape occurred, and one member of the three-judge SC bench held a dissenting opinion.

Given this context, the threshold of proof established by this verdict will all but ensure that victims will hesitate to speak out in the future. The SC`s decision has created a perception that justice was not done, and that has the potential to do serious harm to the cause of women`s rights going forward. It would be a shame if the case is not pursued further. The government would do well to ask the SC to review its verdict.

Javed Hashmi speaks

 

THE Multan sands are shifting. Javed Hashmi is the second Makhdoom from the district to have taken on his party leadership. But unlike his old local rival Makhdoom Shah Mehmood Qureshi, whose disagreement with the PPP politicians came rather suddenly, the senior PML-N leader has been on the dissent radar for a longer period. Pushed into the background by party stalwarts such as opposition leader in the National Assembly Chaudhry Nisar after the 2008 election, Mr Hashmi has been speaking his mind at various forums. His speech in parliament on Thursday was a follow-up to what he had said in his hometown a few weeks ago, that his loyalty was to the country, not to any politician. This could mean one of two things: either the PML-N leaders did not want to intervene and address the issues that have been bothering Mr Hashmi for long, or they tried but failed to check the flight of his thought.

Mr Hashmi has built his case and taken it from his constituency to the party to the National Assembly. He appears determined to create a new niche for himself. PPP lawmakers were happy to see him take a rebellious line during a speech in the National Assembly that saw him repenting his role as a minister under Gen Zia. But whether his latest turn will bring him closer to the rival Zardari camp is not easy to predict. His politics and his so-called positive remarks about the president are an expert concoction and can easily be explained as backhanded compliments if future circumstances so dictate. What can be more reasonably established is that he has drifted too far away from the Sharifs. Not only has he taken on the party leadership by supporting the creation of new provinces, he has asked the Sharifs to apologise for accepting exile in Saudi Arabia during Gen Musharraf`s rule. This is a shocking message to his party leadership that derives much moral capital from other politicians` rehabilitation under `black laws` such as the NRO. Surely, the case of Makhdoom Javed Hashmi demands quick disposal by the PML-N leaders.

Karachi blast

 

THE blast at a gambling centre in Karachi`s old city area on Thursday night has opened a rare window on the metropolis`s murky underworld. A number of people were killed and many more injured when the blast occurred at the entrance of the `rummy club`, one of the city`s most frequented venues of its kind — with hundreds of people dropping in on any given day. The club is located at the junction of Kharadar and Lyari, two city areas where criminal gangs are said to be very active. Though some police officials have said militants may have been behind the blast, there is a strong possibility that the incident was a result of underworld vendettas. The club has been raided and shut down several times by the police. However, it has always bounced back to life — no surprise given the avid interest in its activities as well as the gen- eral dearth of leisure pursuits in an entertainment-starved city.

Admittedly, gambling is an illegal activity, and in this case a dispute over the payment of protection money is said to have been behind the blast. Elements within political parties as well as the police were said to have received protection money from the club, while criminals based in Lyari also reportedly had a stake in its operations. Nevertheless, the majority of those who formed part of the activities of the club were ordinary, peace-loving citizens, and it is unfortunate that they fell victim to the blast. Over the years, the number of gambling dens has reduced in Karachi, resulting in the club becoming the centre of gambling activities in the city. Given that its activities involved a turnover in the millions, it would come as no surprise if it is found that criminal elements used it to settle gangland scores.