Daily Times

The proceedings in Lahore registry of the Supreme Court on Saturday in a case of lawyers thrashing a policeman in a sessions court, reflected the uncalled for behaviour of the Lahore Bar Association (LBA) representatives. The elected LBA representatives were all out to protect their nominated lawyers by hook and by crook. They threatened and intimidated the Chief Justice of Pakistan (CJP) Mian Saqib Nisar in many ways. They even shouted ‘shame …. Shame’ and threatened to go for sit-in in front of the court. Nothing could pressurise the Chief Justice to reject the request of the Lahore Bar Association for suspending the operation of FIRs registered under terrorism charges, against lawyers for thrashing a policeman at a Sessions court.

When the Chief Justice took up a ‘suomotu’ hearing against the manhandling of the policeman, a large number of young lawyers were present inside courtroom No. 1 of the Supreme Court’s Lahore registry. First the lawyers chanted slogans against the police, alleging that a conspiracy was being hatched against the legal fraternity. Then, the LBA representatives had an uncalled for debate with the Chief Justice during the hearing of the case.

Thrashing a policeman in a Sessions Court in Lahore was not the first incident of high handedness shown by the lawyers. Uncountable incidents of similar nature have been happening across the country, in the recent years but reported a few. During the coverage of the lawyers’ undue protests and the incidents of high handedness, many media workers have been thrashed and their cameras were broken. Lawyers’ high handedness is not new. It has increased many folds after they were given space in the frontline of the restoration movement of the former Chief Justice of Pakistan (CJP) Justice Iftikhar Muhammad Chaudhary.

No doubt, the lawyers’ role in the movement was quite significant, but they were not the only key players. The unity of political parties on the agenda and day and night live media coverage, for hours were the main force behind the mass mobilisation. Even if they had more contribution in the CJP restoration movement, they have no right to become hooligans or law breakers or go to threatening the courts and judges.

Many have expressed their critical views on the undue show of power by the lawyers. Especially young lawyers, taking law and order in their own hands — while senior lawyers come out to defend them by all means. If the unwarranted practice is being continued, it would make the situation worse in the judicial arena in the days to come. Lawyers’ aggressive and uncalled for behaviour needs to be checked. Government and the judicial authorities shall develop a new framework for the practicing lawyers if the old one is insufficient. Only strict measures would work whether it is law fraternity, police or the media persons.  High handedness of anyone shall not be supported and encouraged by their seniors or the representative associations.

The CJP’s sheer disappointment is clearly reflected from his statement, “Being father of the institution of judiciary, I feel ashamed for what lawyers have been doing.” But, the lawyers and their leaders are not for what they have been doing. Not only physical thrashing of the opponents, many cases have been reported where the lawyers threatened the Courts for the decisions of their choice. Intolerance and encroaching of their authority has become a routine matter for the lawyers that need to be curbed at once.

During the hearing, the LBA president Malik Arshad was seen more concerned about the ‘dignity’ of the Bar, saying ‘it won’t be compromised’. What about the dignity of the Supreme Court of Pakistan and the respect and honour of the Chief Justice of Pakistan? Who will protect and guard it when the lawyers shout “shame, shame” in the court, intimidate and threaten the CJP?

During the hearing, the LBA president Malik Arshad was seen more concerned about the ‘dignity’ of the Bar, saying ‘it won’t be compromised’. What about the dignity of the Supreme Court of Pakistan and the respect and honour of the Chief Justice of Pakistan? Who will protect and guard it when the lawyers shout “shame, shame” in the court, intimidate and threaten the CJP? The lawyers shall understand that crossing the limits would not work. They need to behave according to the law and prove to be the custodians of the law, and the respect of judges and the honour of the courts.

I understand the compulsion of Malik Arshad and other LBA reps as they need to support and raise voice for their voters. It is indeed an obligation to voice for the voters. But supporting the culprits promotes injustice in the society that has already played havoc to our socio-political system. So, no more support to such type of people and incidents.

One CJP cannot take up all the woes and cases of injustice in the society, so we need more self-motivated and justice conscious people. The senior lawyers and retired judges can be the source of guidance and enlightenment for the young ones. Instead of supporting the misdeeds and wrong doings of the intolerant lawyers, their leadership should discourage the unlawful behaviours of the lawyers. It would promote tolerance and peace in general.

The writer is an Islamabad-based policy advocacy, strategic communication and outreach expert. He can be reached at devcom.pakistan@gmail.com. He tweets @EmmayeSyed

Published in Daily Times, October 16^th 2018.