I Brought You Flowers… and Got Arrested

Source: siasat.pk

Source: siasat.pk/Express News

What will become of you in a country in which people are arrested for bringing someone flowers.

Maybe I am exaggerating the horrific nature of their crime, because these men happened to have been standing outside a college exclusively for girls for the probable intention of harassment. You guessed it, on the demonic, capitalistic occasion of Valentine’s Day.

But that is not the point, because hey, moral policing on Valentine’s Day is nothing new. Moral policing and big government measures for all the wrong reasons have been a feature of the current administration.

What is noticeable in the incident is that in Pakistan you can get arrested when you are not even breaking the law, apparently.

The incident occurred in Faisalabad when dozens of male youths were arrested by the Punjab police for standing outside a girl’s college and allegedly “making noise“, whatever that means. It can even be argued that the noise was harassment and that they infringed on the institution, but I am not too sure if the latter really was the case.

The police can be rightfully called as a security measure, but why would they proceed to arrest them without any reported wrongdoing? In a news report I watched, the police officer was just having the question of them standing there. Whatever happened to the right of assembly?

The news report even mentioned special security arrangement in hotels and restaurants to prevent any wrongdoing or immoral activities. What in the world does that mean?

I mean, are all  those security measures related to a “festival”? Then why are weddings not raided?

The arrest was probably a preemptive measure to prevent possible or further harassment. Yes, it seems that pre-crime is not science fiction anymore. But of course, arrest on harassment would make complete sense.

Alright, I concede that the act of giving Valentine’s Day cards and flowers to someone (like that) is arguably cheesy and inappropriate, but it is not really the kind of offense that someone should be locked up for.

But I do want to give the police the benefit of the doubt and would like to think that they responded to the complaint of the college officials, but still the boys were not apparently breaking any law. The police could have guarded the scene if they thought the security situation was unsatisfactory.

But without a second thought, the police only ended up ruining their public record of a number of people for nothing at all, especially because they probably arrested some people who were there to pick up their relatives. Rest assure, these were more of raids than anything else.

And of course no one cares about the mental agony and harassment that they went through before they would be released. That is just not a priority for a nation obsessed with false sexual moral righteousness.

But what is alarming is that in a country where the police can just arrest people without a reasonable cause, a warrant or even without an instance of crime, what would be the status of those perceived to be rebels or enemies of the state?

The issue of Baloch “missing persons” is often brought up, but how can you expect suspected rebels to be treated fairly, and hey just about anyone can be a suspected rebel anywhere in the country, when citizens with no such credentials are treated so harshly.

And it does not even matter if the citizen knows their rights because the cop would only respond to reason with overwhelming slaps on the back of the head. The trademark policing maneuver in the country.

But nevertheless, it seems that Pakistani citizens must only leave their homes with a copy of the fundamental rights in the Constitution and the penal code with them to prove to the police when and why they can arrest them.

But perhaps the problem lies with the Constitution itself, in which Article 10 lacks much clarity and speaks very loosely about the “detention” of a citizen. This pretty much encourages the prevalent detention on suspicion practice of the law enforcers.

The Article 10 of the Constitution of Pakistan states:

No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest, nor shall he be denied the right to consult and be defended by a legal practitioner of his choice.

But more importantly, the Article 14 states:

(1) The dignity of man and, subject to law, the privacy of home, shall be inviolable.

(2) No person shall be subjected to torture for the purpose of extracting evidence.

Obviously the Constitution comes with countless caveats when it comes to the inviolability of the “dignity of man” and the “privacy of home”. Without the requirement of showing a prior lawful document pertaining to the cause, the articles could even arguably be in conflict with each other.

The provisions are somewhat vague and fail to convey a clear idea of a more precise guideline to prevent abuse of authority. Not that we can be sure that the police all over Pakistan would still read and follow it anyway.

But in comparison, the following is how the Fourth Amendment to the Constitution of the United States reads, which is an inseparable part of the Bill of Rights.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

As opposed to the apparently compulsive right of detention provided for by the Pakistani constitution, the Fourth Amendment is very specific on the line it draws between the liberty of the citizen and the authority of the state.

It even goes to the length of requiring the mention of specifics in the warrant to make the search or seizure lawful. In comparison, Article 10 of the Constitution of Pakistan does not even mention the word “warrant“, correct me if I am wrong.

US Senators like Rand Paul (R-KY) are even suing the President of the United States for violating the Fourth Amendment rights over unwarranted NSA surveillance. Whether you agree with it or not, this is the extent of empowerment that the Constitution accords to the citizens in the United States.

But as long as liberty of the law abiding and peaceful citizens of Pakistan is continued to be abused at the subjective will of the law enforcers of the land, it is hard to trust its government to be democratic.

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