Graft in lower courts eludes judicial policy goals

ISLAMABAD - Despite several reforms at higher level, corruption in lower courts and police is gradually widening the trust deficit between the justice-seekers and the judiciary. In district courts, citizens are facing several problems that start from the day of filing of petitions or the day cases are registered at police stations. Abdul Rehman, who is facing lower court trial in Islamabad, accused the police of dragging him into a false case of scuffle two years back. He was sent to jail because the other party was financially sound, he alleged. From the police lock-up to the jail, he faced numerous corruption layers, he claimed. The journey of corruption started when the investigation officer pressurised him to bribe him or be ready for heavy offences. To protect himself from false heavy offences, he reportedly paid bribe to the police officer. Then police asked his relatives to arrange taxi to take him to district court. After he got judicial remand from judicial magistrate, he was sent to jail. Police again asked his relatives to arrange taxi from Islamabad to Adila Jail and also police took money for food and smoking. He added when he arrived at Adila Jail, the police guard pressurised him and took away a few hundred rupees given to him by his relatives and his watch. After through search, he was allowed to enter jail, to his allocated barrack. His brother hired a lawyer to file a bail petition. The assistant of the lawyer often got money off them besides the fixed fee already paid. After his bail was approved, the court asked for the court guarantee. The reader sitting with the judge raised certain baseless objections for the sake of bribe. The victim says: My brother paid him two thousands and presented the court guarantee to the magistrate. Moreover, private assistant of readers and Naibs of the court also took money. After that my brother struggled to get 'Robkar for the jail authorities form the court. In this process he paid bribe at many levels to lower staff of the court. I got released on bail finally and the court started hearing of the case. On every hearing date when judge was not sitting the reader along with his private assistant who were paid from the money collected from the people illegally, got receiving money from the accused for the shout and the long hearing date. One who couldnt pay the money had to wait till 4pm for the next hearing date. Mrs N Begum, a justice-seeker in Rawalpindi distinct court, told this scribe that for the last nine years she is striving for justice to get her property released from her brother-in-law, who soon after the death of her husband occupied her property forcibly and illegally. I have paid thousands of rupees during the tenure of eight years to the clerical staff of court and private assistants of the clerical staff. For photocopy of your own documents you have to pay rupees four to five hundred rupees to the record-keeper. For the attested copies of the case, you have to pay one thousand to twelve hundred. Another disappointed man, Ghulam Rasool, while talking to TheNatin told that he is facing civil litigation of case in Rawalpindi for the last five years. The system of justice has brought him thoughts of committing suicide. If you have money the lower staff court readers, assistants, steno-typists, clerks and even the caller can do your job in no time. However if you are not financially strong, you can even have your due right of litigation, he added. When contacted, President Islamabad District Bar Association (IDBA) Haroon-ur-Rasheed said that if public stops giving bribe to lower judiciary staff, this could be sole solution. However, district and sessions judge Islamabad in meetings had made it clear that judiciary has zero tolerance for corruption. The public should complain to district sessions judge and even should complaint to counsel so that the concerned staff can be held responsible for illegitimate act that is causing bad name to the judiciary and widening mistrust. When contacted Joint Secretary High Court Bar Association Rawalpindi Ms Amina Bano said that judges and the magistrates are responsible to have effective control over the readers, steno-typists and the clerical staff. Instruction for the general public should be pasted for the convenience of the justice-seeker and the ways of complaint should be mentioned there. I believe that on complaints, the sessions judge should hold responsible the judge or the magistrate whose staff is found involved in bribery or corruption. Through proper monitoring and regulation, we can control corruption by court staff that is earning bad name to the judiciary, she added.

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