In the criminal law, criminal negligence is one of the three general classes of mens rea (Latin for “guilty mind”) element required to constitute a conventional as opposed to strict liability, offense. It is defined as:
careless, inattentive, neglectful, willfully blind, or in the case of gross negligence what would have been reckless in any other defendant.
Negligence shows the least level of culpability, intention being the most serious and recklessness of intermediate seriousness, overlapping with gross negligence. The distinction between recklessness and criminal negligence lies in the presence or absence of foresight as to the prohibited consequences.
Recklessness is usually described as a ‘malfeasance’ where the defendant knowingly exposes another to the risk of injury. The fault lies in being willing to run the risk. But criminal negligence is a ‘misfeasance or ‘nonfeasance’, where the fault lies in the failure to foresee and so allow otherwise avoidable dangers to manifest. In some cases this failure can rise to the level of willful blindness where the individual intentionally avoids adverting to the reality of a situation.
To start an investigation, a theory or more than one theory is formed, based on possibilities and conspiracies in air relating to the crime scene. All investigative theories starts and ends on the point, ‘who is/(are) the beneficiaries of the incident’. The investigation agencies, usually narrows down all their hatched theories, slowly and gradually by eliminating suspects from their lists, and then reaches the final culprit(s) of the crime.
So there is no harm to hatch another theory, as when ‘somebody very close’ is harmed by conspiracies or conspirators, the ‘closely related elements’ have the full right to hatch suitable theories on available grounds, believe them and can ask for justice on conclusions, UNTIL AND UNLESS FOUND OTHERWISE and ‘GUILTY or NOT GUILTY’ DECISION BY A FREE COURT.
In the current scenario, the ‘some body very close’ could be Benazir Bhutto and the ‘closely related elements’ could be the long time adorers of Benazir Bhutto and die hard workers of PPP, due to which the current government is sustaining its strong hold. So don’t stop the theorist’s, as every one is anxious to see the real murderer(s).
UN report have depicted the ‘willful neglect’ or ‘ criminal negligence’ of Mushraf, his close aides in army and his political cronies like Pervaiz Ellahi and his provincial government elements like the then Police Chief. There is no doubt they are to be blamed, charged and prosecuted, first.
Keeping or terming it a prohibited matter, the fleeing of Rehman Malik, Babar Awan and Farhat Ullah babar from the crime scene, could be as devastating as ignoring the killing of BB itself. That reminds the true historical fact of Babar Awan’s past act of distributing sweets when Zulfiqar Ali Bhutto was hanged in Zia regime. This time, may be he was sipping coffee and watching the whole incident go by, on TV in Bilawal House, F-8, Islamabad. Now he is in a good position to avoid any litigation or investigation, if any.
The fleeing of three above, from the crime scene in a hurry, is not yet explained in utmost satisfaction or rather can not be explained as such, ever. After the incident, sudden promotion of ‘unelected three’ on the sensitive seats of the government, becoming very very close to Mr. Zardari, specially Rehman Malik in interior, as the head of Ministry, to control the sensitive issues of ‘paving way for favorable’ matters, within and outside the country, leaves a lot of doubts rather confirms the theory itself. Procrastination in investigation by these ‘high ups’ and the public cover up, on public talk shows, on this delay is just exposed by the UN report.
Erase the writing on wall – For the General Perception of PPP workers:
The question arises, whether Mr. Zardari is oblivious of what happened or what’s going to happen, of course not. Rehman Malik, Babar Awan can not play the above theoretical game alone and all by themselves. They are answerable to someone…….. If not……. why?
If the real answers are not posted on the wall, for the PPP workers at large or the general public of Pakistan, then the ‘Political Showbiz Career’ will be over for Mr. Zardari and not for other ‘Political Actors’ he use to refer daily. He knows the consequences as he himself will be indicted as an accomplice or the master mind of the whole game, not ‘specially by UN report’ but by the moves of the game itself. Prolonging the theory, we can imagine and much talked about rumors amongst PPP workers are as follows;
– Amongst many other petty chess mates like Rehman Malik, Babar Awan, Farhat Ullah babar, Zulfiqar Mirza, etc, Mr. Zardari and Musharaf, both are the main beneficiary of the game.
– Musharaf got a clean passport for exit and red carpet as honor.
– Popping up of BB’s hand written disputed WILL putting Mr. Zardari as co-chairperson of largest political party in Pakistan
– NRO, thereby unfreezing all the money (legal or illegal, the judiciary has the right to inquire, along with the people of Pakistan)
– PPP winning the election and forming the government
– Mr. Zardari, as the President, taking (or hiding behind) cover of section 248, ‘Presidential Immunity’, against the famous NRO threat, more devastating than a self exploding terrorist for him.
– 5~6 months before Mr. Zardari’s appointment as President of Pakistan, he expressed his notion loudly, that soon the people of Pakistan will hear ‘Jiyay Bhutto’ chant from the presidency. Appealing for PPP workers, but was a well thought out appointment.
– Appointing all favorite people on all the hot seats, delivering speeches just by putting the picture of Benazir Bhutto in front, as the famous trade mark of selling his existence in front of workers, etc etc.
The above theory is just a theory, hotly in air, since BB’s assassination and picked up pace after UN report, can be heard on TV talk shows, news channels, news papers, streets, etc. Some of it or all of it could be wrong all together, but the PPP workers need quick answers and actions, as the ‘Expendable Political Workers’ are not expendable for the elements who bears dubious characters, past and present. This matter is much talked about amongst many very senior and very strong PPP politicians currently in the acting government. Current PPP leadership, the core, must get serious rather than just issuing jibing low remarks on other ‘Political Actors’ instead of themselves.