Daily Times

On Thursday, December 12, 2019 I woke up early to go through the formulations again on a brief I had worked on late last night. These matters were remanded from the Supreme Court after its recent ruling in a similar case. It’s a Herculean task to argue a remanded matter before the High Court when its earlier decision has been reversed; and on remand the apex Court has asked to address the issue of maintainability first before dilating upon the merits. I convinced myself that we had an arguable case on maintainability early morning. The difficult part was convincing the Bench on remand later that day.

This is how days start for the lawyers here – usually on the back of a sleepless night. And these challenges, with top judges on the Bench, excite us – we look forward to them. To stay motivated, at times, we imagine ourselves a Dennis Lillee – steaming in, with deliveries gathered by the keeper over his shoulders; that’s how quick we’re bowling on the day. Or a Mo Salah – a 30 yards dash and then score from an impossibly acute angle with a weaker foot defying laws of physics. Whatever keeps us going. We try, and we keep trying!

Except that Thursday was no ordinary day. The entire routine seemed absurd. What we do in courts seemed futile. It wasn’t easy to stay motivated and show up for hearing in a black coat. With incumbency and electioneering as omnipotent; comrades had vandalized Punjab Institute Cardiology the day before. Those images have shocked the nation. Saddened us. Vast majority of lawyers don’t associate or connect with the yahoos in black coats who chose to attack hospital. But that vast majority is not in leadership role.

The leaders of the Bar on Thursday, further drummed up tribalism and launched scathing attacks on doctors, media and government – just for vested political ambitions. They called for nationwide strike – including call for strike by the Islamabad High Court Bar Association. The reason of strike was lopsided coverage of events by media and arrests of lawyers by law enforcement.

To make it worse, elected Bar representative in Islamabad as he sought to enforce a strike had heated exchange with the Chief Justice of Islamabad High Court. The honourable judge suspended the license of the General Secretary of Islamabad Bar Association and initiated contempt proceedings against him detailing the reasons in Court’s order of December 12, 2019 in the matter of The State v Muhammad Umair Baloch (Crl. Org/312/2019). This caused a storm in the different circles of the Bar and another strike was called by the Pakistan Bar Council and Bar Associations across the country including by the Islamabad Bar Association. In all this humbug, regular cases were not heard on Friday by Courts. Another complete day when justice would be denied to litigants.

In the past, every time there has been a confrontation between the Bar and the Bench, regardless of whose fault it was, the justice project as a whole suffered in Pakistan. Each time, the Bench has intervened to address wukulagardi; it has backfired. It’s hard to see a different outcome this time around. Conceded the Bar Councils refuse to self-regulate but is judicial intervention the sole solution to it, especially when it has not worked in the past?

The conduct of lawyers from vandalism to strikes, as a whole, is an abject failure of our system. Elections that are conducted every year is one cause of this problem. But the issue is deep rooted. It’s a failure of our education system – not just law schools

Of the black coat dissenters who expressed remorse over wukulagardi; reports were doing rounds that they will be ostracized and stopped from entering the Courts. There is a notification in Islamabad that states lawyers who appeared in Courts despite call for strike will be proceeded against. The silent vast majority needs to reclaim its space in the Bar Councils and Associations. Simply expressing remorse and shame on mainstream media and social networking sites would not cut it.

The conduct of lawyers from vandalism to strikes, as a whole, is an abject failure of our system. Elections that are conducted every year is one cause of this problem. But the issue is deep rooted. It’s a failure of our education system – not just law schools. Civic sense is supposedly instilled in a child much before reading law at a university. And if some schools and certain streams develop it; while other don’t, then it only compounds the failure.

Damage caused to our profession by the events in Lahore is colossal. It could be irreparable if entry into our profession is not regulated. A friend rightly pointed out some restaurants and clubs have more stringent entry requirements than our profession. In addition to a written test put in place recently; a rigorous fitness interview should be introduced, before students qualify as advocates to practice. Lately, efforts have been made to regulate the profession of medicine through legislation. The same needs to happen – and sooner to regulate legal practice too. Lest, we should only long for – ordinary days at the Bar.

The writer attended Berkeley and is a Barrister of Lincoln’s Inn