The senior columnist Abbas Mehkari in his column 24 October 2004 on the topic have referred to decisions of courts on two different but of same nature cases. One is a 1997 decision of a Karachi court directing that if accused did not pay crores of rupees fined announced by the court he would have to serve two more years in the court and he would be entitled better jail facilities. The accused had dogged and frauded the bank with billions of rupees. The other case the columnist referred to was of an old man arrested under immigration act and in addition to imprisonment he was awarded a fine of Rs. One lac approximately. The accused submitted that he was a patient of cancer and would die if he did not get proper treatment. The court ordered the Superintendent Jail to afford proper medical treatment but also ensure enforcement of punishment as per the law.
Now the columnist cries that one who defrauded the bank and nation and looted too much gets same two years imprisonment but with better jail facilities but the other who frauded with a far less amount gets the same term of imprisonment but with normal facilities. He is srurprised on the Justice System.
Years back I was resident abroad. My brother sent me a Fax from PTCL Customer Center Karachi. At that time there were not so much mush room private PCOs. This fax could not be transmitted and Fax Transmission Print Out showed “Error Code”. Error Code always mean some technical problem. My brother was charged about Rs. 38/-. After two days he tried again from same PTCL Customer Center. The fax did not get transmitted again and Error Code was shown. This time he was charged Rs. 110/-.
I filed a formal complaint only for the first non receipted fax. Knowing well our justice system I deliberately did not file complaint for both the two faxes. In defence General Manager Phones Karachi submitted before the “justice system” that when a fax is not transmitted hence on Error Code there should not have been anything charged hence the complainant is being refunded Rs. 40/- charged.
While this was being processed, I filed the second complaint in which Rs. 110/- was charged for the same sheet of paper. The General Manager Phones Karachi this time submitted before the “justice system” that even though a Fax was not transmitted as per department policy charges are levied on Error Code.
Now hold your breath that our justice system had no courage to see or take note of if not to ask the same General Manager that if in case Charges are not taken then why in the first case charges were taken and from how many innocent peoples these are being taken daily. Secondly if on error code charges are taken then how the same General Manager was arranging refund in the first case of non transmission. Our justice system also did not raise the very vital question that how it was possible same is destination of the fax, same is sheet/size of fax message then why in one case charges Rs. 38/- and for same next day Rs. 110/-Our Justice System, since defendants was a senior bureaucrat, did not raise a vital question as to how the same General Manager had the courage to speak from his one single tongue two different and contrary versions on the same single issue. The Justice System did not for a single minute felt to see if the mighty bureaucrat was taking the Justice System “light” by his uncaring response.
As the GM in case of first fax had submitted that department was arranging refund of Rs. 38/- illegally charged I waited long. When before a “justice system” it was submitted that refund was being made under the universal system is means that defendant was going to refund immediately in compliance with “justice system” orders. I waited for two years about this refund after which when I approached the PTCL I got a reply, which only a defendant who is neither afraid of any “justice system” nor has any respect can give. The reply from PTCL was “you did not approach us for refund”. Do I was supposed to “beg” with independent king of Karachi phones for refund or under the “justice system” it should had automatically come? When I approached the “justice system” to get a clarification if the refund was to come automatically or I was still to go and knock at doors of GM Phones Karachi for begging the refund, the justice system never gave me any response. I think it is now more 7 to 8 years that refund never came. It is the standard of justice over which should we be proud of.