Investigating scams

Published April 12, 2016

BEFORE the Panama Papers, there was the ephedrine scam. And before the ephedrine scam, there was the Haj scandal. And before the Haj scandal, there was the Ogra scam.

Each one of those scams touched high office — cabinet ministers and even prime ministers — but none of the allegations of corruption has led to the conviction of any of the principal accused.

A special report in this newspaper yesterday has shed light on why shocking allegations of vast corruption have not led to jail sentences or disqualifications from public office.

The reasons are familiar, but depressing: botched investigations, poorly gathered evidence, lacklustre prosecutions and a judicial system that seems to favour endless delay.

The state appears to have inverted the judicial process: the higher the office in which corruption and misdeeds are alleged, the less competent and effective investigations and prosecutions seem to be.

It is perhaps for that reason that the PML-N feels so aggrieved by the latest accusations.

The Panama Papers do not directly suggest that any illegalities have been committed by the Sharif family and the prime minister himself has called for the creation of an inquiry commission to be headed by a retired Supreme Court justice.

But the Ogra, Haj and ephedrine scams have contributed to that overall culture of impunity where politicians see every allegation of corruption and other misdeeds as an attempt to undermine democracy itself.

Yet, nothing could be further from the truth. There are unquestionably, without an iota of doubt, corrupt politicians and public officials in this country. To identify them and prosecute them is to improve the democratic system, not undermine it.

With the Ogra and ephedrine scams, both PPP prime ministers and a prime ministerial candidate in the last parliament have been accused of corruption on an epic scale. If the head itself is rotten, the body can never even begin to cleanse itself.

The inquiry commission that Mr Sharif has pledged to create could be a turning point.

While the government will likely do its best to keep the commission’s mandate as narrow as possible and will be looking to install a retired justice who is not a maverick to head the commission, a combination of events may create space for real political change.

Because the Panama Papers are continuing to make waves internationally, and because they have caused so much consternation inside Pakistan already, the inquiry commission will have the moral and political space to make sweeping recommendations.

With the country’s politicians unwilling to lead on reforms, and the judicial system not in a shape to do so, perhaps ad-hoc interventions, such as by an inquiry commission, can push the cause of change and transformation forward.

Democratic evolution demands that political legitimacy be drawn not just from elections, but a scrupulous adherence to ethical standards above that of the average citizen.

Published in Dawn, April 12th, 2016

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