With immense grief and sorrow, I questioned myself for pursuing law in the wake of the recent episode of lawyer’s hooliganism that you and I witnessed in Islamabad High Court. I have empathy for the young lawyers and law graduates who might regret now choosing the noble profession of many past eminent personalities, including Pakistan’s founder, Quaid-e-Azam Muhammad Ali Jinnah. A few days ago, the violent mob of lawyers stormed the courtroom of the old, yet helpless, Chief Justice, Mr Justice Athar Minallah, who was kept hostage for hours. Since we (lawyers) don’t want courts to exercise their autonomy, enshrined in the Constitution and empowering them to pass judgment against the lawyers, as Chief Justice Minallah then had to face the frightening consequence. I feel pity for the Chief Justice, presumably he had only discussed the pending issue of the lawyer’s encroachment on the football ground, where they had illegally built their chambers in 2013, which led the Capital Development Authority to carry out an anti-encroachment operation in the surroundings of the district courts. Therefore, the lawyers justified their attack in response to the conducted operation.
Perhaps, we are not anymore shocked to see violent lawyers attacking lower court judges, doctors, and now the senior-most judge of the Islamabad High Court over their grievances. Earlier last year, an ugly episode of lawyers versus doctors in Punjab Institute of Cardiology (PIC) had kicked off a new debate about the sanctity and professional ethical code embodied in rules of professional ethics for lawyers, which obliges them to take an oath to maintain moral, and ethical conduct throughout their legal tenure, prior to commencing work in the professional setting.
With our participation and support for our fellow lawyers, we have instigated them against the guardians of the law, who have been the saviours of the constitution, and have administered justice even in the dark era of the dictatorship. Both the professions, judges and lawyers, share a unique and co-dependent relationship that is meant to improve the efficiency, and quality of the judicial proceeding, as well as work towards attaining justice for aggrieved parties. Attaining an elevated stature in society, the lawyers are the experts of law, who are the permanent feature of the daily talk shows for their analysis on shaping democracy and its governance. Though the lawyers are the custodians of the law, in the wake of the incidents have had emerged, it made me conclude that we are the “violators.”
The intermittent immunity lawyers have gained through a privileged status in society has been under sheer abuse for many years. Over the past years, it’s been a usual affair to see television screens flashing news of black hooligans burning tires to disrupt city roads, thrashing police sergeant, also intimidating the judges in a court of law on rendering a decision against their will is a usual affair now.
Storming the IHC, smashing its windows, chanting derogatory slogans, and laying siege to the courtroom, are heinous, and punishable acts. Soon after the attack, videos went viral that depicted the lack of sanity and concern by the professional controlling bodies– the Pakistan Bar and Islamabad Bar Council- that should have enforced the code of conduct. The Pakistan Legal Practitioners and Bar Councils Rules, 1976, require an advocate to uphold the dignity and maintain the high standing of his profession, as well as his dignity and high standing as a member thereof─ Rule 134. Moreover, Section 11(b) of the Legal Practitioners and Bar Councils Act 1973 calls for disqualification from membership of the PBC; Section 11(c), cessation of membership of the PBC; Section 28(a), a person disqualified to be enrolled as an advocate; Section 41, the punishment of advocates for misconduct; Section 46, disciplinary powers of the PBC; and related sections about provincial bar councils authorize the regulatory bodies to take appropriate action for non-compliance.
Developing countries like Pakistan where most of the professions are exploited because of the monetary corruption, and a lack of fair opportunity available to prospective talented candidates. This tragedy explains the failure of our government and professional bodies to channelize the potential of our youth by engaging their practices constructively. Hence, identifying and mitigating the circumstances with a timely governmental action may be an instant solution but not a permanent settlement, which requires that long-term reforms be implemented.
Having these rules, we have sufficient legislation to punish the culprits, but someone escaping failed to punish the culprits. As the autonomous bodies must act, and stern action is the need of the hour, which shall not be limited to suspending the licenses of the “01Gullu Lawyers”, but a trial in the court of law following an FIR must be lodged make it obvious that no one is above the law, and may serve a lesson for others as well.
The failure of the regulatory bodies to act in a timely fashion is the ramification of heavy politicizing, and has failed to assess the fundamentals of professional regulations and accountability. All the lawyers are under a professional oath and governed by Article 5 of Pakistan’s Constitution, which mandates that obedience to the Constitution is inviolable for every individual in Pakistan. It’s high time for the legal fraternity to realize that its responsibility is not limited to a person, but towards the law itself. Having said that, this responsibility cannot be abused to take personal gains from, and satisfy prejudices against, other professionals who are equally contributing in line with their duties.
Nevertheless, developing countries like Pakistan where most of the professions are exploited because of the monetary corruption, and a lack of fair opportunity available to prospective talented candidates. This tragedy explains the failure of our government and professional bodies to channelize the potential of our youth by engaging their practices constructively. Hence, identifying and mitigating the circumstances with a timely governmental action may be an instant solution but not a permanent settlement, which requires that long-term reforms be implemented.
In the end, bar councils have disregarded their duties towards maintaining and ensuring discipline within the legal fraternity due to the fear of losing precious votes. Therefore, most of the hooliganism incidents are brushed under the carpet, and those that come to the surface are shunted to the darkness, after a monetary settlement. Bar councils should also regularly review their respective members’ licenses and make sure their professionals continue to adhere to ethical practices in compliance with the rules. Also, bringing culprits to the end should be a norm to serve as precedents to stop the notorious faction of lawyers vandalizing society beyond recognition.
Well said