11-03-2007, 05:40 PM
A friend told me about a news item that Sindh High Court has the other day remarked that on the next hearing if the proper information was not brought then the Agency concerned will be find from whom a missing person later is found and it will be given as compensation to the person/or family of found-missing person.
Indian Supreme Court some years back declared that any loss or damaged caused to the Government due to negligence would in future be recovered from the defaulting government functionary. I sent this press clipping from the foreign press to the then Federal Ombudsman who published it in its House Journal as a âland markâ judgment. We also have some very good landmark decisions, judgments, directives but never ever to be acted upon. 5/6 years back a court declared elimination of smoke emitting rickshaws from roads of Karachi. Travelling in such a rickshaw I talked with the driver that what would he now do. I cannot forget reply from that illiterate old man that âBabu the judge next month passing from this same M.A. Jinnah road in his air conditioned car reading a newspaper would never remember if he had ever asked for it. Our authorities are only to give and issue orders, seeing those implemented is not there duty. Sindh Ombudsman many years back issued orders for partition for ladies and gents in buses and wagons. The present Sindh Security Adviser as the then transport minister one day stopped a wagon on main drigh road, slapped the driver for putting male passengers in ladies compartment. After getting his name and photograph published with this ânoble deedâ it is duty of âbothâ now ever to see passing buses and wagons with gents hanging on ladies compartments.
If the Sindh High Court wishes are implemented what improvement would it bring? Nothing? Would this fine create a fear in concerned bureaucracy and they would immediately produce all missing persons? No. Reason being this amount of fine will be paid from the national exchequer and in return will be collected from the public in shape of more levies. The only deterrent and effective would be if the court ensures that this loss is recovered from the salary of that person who signed the statement earlier put before the court submitting lies that missing person was not in their custody. Making partition or clapping the wagon driver is not effective in our part of world. Stopping the wagon, pulling out all male sitting in ladies compartment, queuing them on the footh path and making them âMurghaâ and then recover at the spot fine from them will make such a remedial affect that even if a conductor or driver offered free ride no male will ever dare sitting in ladies compartment may it be empty.
Indian Supreme Court some years back declared that any loss or damaged caused to the Government due to negligence would in future be recovered from the defaulting government functionary. I sent this press clipping from the foreign press to the then Federal Ombudsman who published it in its House Journal as a âland markâ judgment. We also have some very good landmark decisions, judgments, directives but never ever to be acted upon. 5/6 years back a court declared elimination of smoke emitting rickshaws from roads of Karachi. Travelling in such a rickshaw I talked with the driver that what would he now do. I cannot forget reply from that illiterate old man that âBabu the judge next month passing from this same M.A. Jinnah road in his air conditioned car reading a newspaper would never remember if he had ever asked for it. Our authorities are only to give and issue orders, seeing those implemented is not there duty. Sindh Ombudsman many years back issued orders for partition for ladies and gents in buses and wagons. The present Sindh Security Adviser as the then transport minister one day stopped a wagon on main drigh road, slapped the driver for putting male passengers in ladies compartment. After getting his name and photograph published with this ânoble deedâ it is duty of âbothâ now ever to see passing buses and wagons with gents hanging on ladies compartments.
If the Sindh High Court wishes are implemented what improvement would it bring? Nothing? Would this fine create a fear in concerned bureaucracy and they would immediately produce all missing persons? No. Reason being this amount of fine will be paid from the national exchequer and in return will be collected from the public in shape of more levies. The only deterrent and effective would be if the court ensures that this loss is recovered from the salary of that person who signed the statement earlier put before the court submitting lies that missing person was not in their custody. Making partition or clapping the wagon driver is not effective in our part of world. Stopping the wagon, pulling out all male sitting in ladies compartment, queuing them on the footh path and making them âMurghaâ and then recover at the spot fine from them will make such a remedial affect that even if a conductor or driver offered free ride no male will ever dare sitting in ladies compartment may it be empty.
