Daily Times

Pakistan is a country that has crucial importance for the comity of nations. It was born through the great violence of Partition, and is becoming an increasingly violent place every day.

Partition led to thousands of deaths, and millions of refugees, for the cause of Pakistan, for the “Two Nation Theory”, for peace and prosperity, for religious independence, and for establishing true Islamic values that teach values of peace, forgiveness, tolerance, and cooperation between all human beings.

Since its emergence as an independent state, it has faced political turmoil, instability, civil-military clashes, and constitutional breakdown. No proper policy had been made regarding the relationship between state institutions and civil society; in fact, it became the quintessential state of uncertainty in the world’s eyes.

Furthermore, in the Cold-War era, global relations and the Soviet invasion of Afghanistan created insecurity and sowed the roots of radical Islamization in the country. Later, it produced Taliban militants, gun culture, and a drug addiction epidemic in the country. No serious action was taken for the eradication of poverty or improving the economy or socio-political development in the country. The power of the fundamentalist narrative over the Pakistani mindset became clearly evident over the years.

Exclusionary religious narratives have seeped into an entire generation in Pakistan, and most of those born between 1980 and 2005 have heard no alternative. Neither the elected rulers, nor the opposition, did enough to reverse the institutional and intellectual growth of religious fundamentalism into the mindset of Pakistani society.

These are the core issues that have influenced the public mindset to resort to anarchy, and violent demonstrations to resolve their matters. Nowadays, the growing rift between the Bar and the Bench represents the intolerance that spread from fundamentalist interpretations.

The recent outburst of violence in the Lahore High Court might be turned into a political game, which could be dangerous for the judiciary and the country’s law and order situation

The emergence of Bar Councils as an institution – and pressure group – is also a consequence of the abovementioned mindset. The lawyer’s pressure groups emerged in 2007 when the lawyer’s movement started – and after its success against the Musharraf regime, it became a proper, formal pressure group in the state. These lawyers’ pressure groups are not like other pressure groups in the country; in fact, they are formed from the educated classes of society.

The increasing strength of lawyers in the country is a result of poor education policies, unemployment, and a sense of insecurity regarding legal matters, as well as politicised police and administration in provinces. According to the voters lists of Bar Councils, there are thousands of registered barristers and practitioners of law in various city, district and tehsil Bar Councils. They have emerged as learned pressure groups in Pakistani society, and have proved to be regime changers.

Both the Bar and Bench are learned institutions, but the Bar is a mother institution; through its sole membership and due process, a lawyer becomes a judge. Bar Council is a statutory organisation responsible for safeguarding the rights, interests and privileges of practicing lawyers; regulating their conduct, and helping in the administration of justice.

In the current rift between judges and lawyers, both parties are not fulfilling their responsibility for safeguarding the rule of law; instead they’re egoism will ultimately leads to a moral collapse.

The government has done nothing regarding effective policy making to carry out the duties of the state. The use of Bar Councils by governments and the establishment is another bitter reality for their vested interests. More recently, the disqualification of a Prime Minister is a solid example of the Bar’s involvement in national politics being an institution and pressure group.

The recent outburst of violence in the Lahore High Court might be turned into a political game, which could be dangerous for the judiciary and the country’s law and order situation. Issues can always be resolved in peaceful ways in modern, educated societies; such societies must avoid rifts and intolerance which rupture them socially and morally. The government needs to form proper policies regarding higher education for attaining a law degree, and strengthening the procedure of hiring judges while preferring those without political affiliations. We cannot expect justice without a merit based system of recruitment in the judiciary.

The writer is a Lawyer at District courts Lahore

Published in Daily Times, September 1^st 2017.