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Death Sentence must be introduced to curb widespread corruption in Pakistan
The menace of Corruption has threatened the political system, General and absolute immunity for corrupt practices and corruption is un Islamic, court has the power to rectify this ambiguity says Amjad Malik, Solicitor-Advocate of the Supreme Court and Chair of Association of Pakistani lawyers.
Amjad Malik, Chair of APL (Association of Pakistani Lawyers (UK) whilst addressing a lawyers gathering said that situation is coming nearer where Death penalty may have to be introduced to curb widespread corruption in Pakistan. He said that Public demand is ever growing for imposition of a death sentence for corrupt elite and plunderers of public purse across the board nationally in order to hold those accountable, recover public money, disqualify them for public offices and award those culprits exemplary sentences including that of a death sentence.
He said to compare it with others as to how other countries have eradicated corruption some clearing the top leadership like in Malaysai and some making it a criminal office punishable to death like in China, Hong Kong, Russia, Vietnam, and Philippines. Russia suspended death sentence in 1999 for 10 years , however, a 2009 poll in Russia shows around two thirds of Russians support the death penalty. The death penalty is an effective means of state-driven innovation, especially against entrenched or widespread defective social structures, said Mr. Malik.
Malik said that General and absolute immunity for corrupt practices and corruption is un Islamic, as Caliph Omer freely appeared before a Qazi so as Hazrat Ali who appeared in a case of dispute with a Jew, and as a matter of fact nothing can be legislated against the Quran and Sunnah in Pakistan.
He said, first of all we will have to have a mechanism where we clear the historic mess of 62 years where charges may have been framed ultra vires. Accountability process was agreed in Charter of democracy and chapter B para 13 talks of a Truth and Reconciliation Commission to acknowledge victims of torture, imprisonment, state-sponsored persecution, targeted legislation, and politically motivated accountability. I think that could be a starting point, and later an Independent National Accountability Commission as envisaged in 13(d) of the COD may start taking cases as per law of corruption and corrupt practices costing billions to exchequer.
The death penalty could be applied if state funds free education health and social reforms to poor, for instance, in cases where an elected representative dishonestly robbed millions from public purse in the form of commission and placed it in a foreign bank(s) or used systematic mal practice to gain financial advantage in billions like in sugar crisis and ran seeking refuge in other countries. Death sentence may be harsh and is an unfortunate demand under the current prevailing circumstances but inevitable and should be implemented only if a fair trial and due process of law is guaranteed but probably necessary strategy in Pakistan to re-establish control over corruption ridden institutions, said Mr. Malik.
PR: 23 Nov 2009
Thanks
AMJAD MALIK, MA, LLM
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