Reality Behind Abuse Of Power And Good Faith..

We will get to know about abuse of power and good Faith through legal lense. Their repercussions and will find out some solutions.

The term abuse of power or abuse of authority, in the form of "malfeasance in office" or "official misconduct", is the commission of an unlawful act, done in an official capacity, which influences the performance of official duties. On the other hand, the expression Good Faith is an honest intent to act without taking an unfair advantage over another person or to fulfill a promise to act, even when some legal technicality is not fulfilled. 

In Pakistan no one can sue or file a suit on state institutions. For a fact, that's the reason behind failure of our institutions and rampant corruption, red-tape, nepotism and whatnot? - All the social evils. Prima facie, we do have watchdogs for our institutions but they also depict a sorry story. Taxpayers are facing a lot of difficulties. They want rule of law. Everyone came up with a promise stating “Rule of Law” but oh, Welcome to reality.

According to Pakistan Penal Code, 1860, Chapter4, Section 76, 77, 78, and 79 states any misconduct through authorities shall come under the purview of Good faith. I believe that these sections are also present in the law with good faith. Here comes the reality behind abuse of power and good faith, like two peas in a pod. People in power mold the situation by abusing the power and the play trump card of Good faith. 

The recent example can be taken of the judicial reference filed against the Supreme Court’s Justice Qazi Faez Isa. This filed in complete disregard for the law, the Supreme Court of Pakistan noted in its detailed judgement. However, though the apex court found conspicuous lapses and procedural irregularities in the filing of the reference, it ruled that there was no ill intent and Good faith behind the filing of the reference on the part of the president and prime minister.

In order to prosper and thrive, Public’s concern shall matter. Taxpayers shall have authorities to exercise. Their choices shall have some kind of respect. If they want to sue or prosecute any state institution, the state shall let them and prove themselves not guilty through evidence and a proper procedure/trial. The nexus between good will and abuse of power now needs a full stop. Not everything shall come under the umbrella of “good faith”.. Not anymore..