With immense grief and sorrow, I have been questioning myself of pursuing law once a noble profession of Pakistan’s founder – Muhammad Ali Jinnah. The recent ugly episode of lawyers versus doctors in Punjab Institute of Cardiology (PIC) has kicked off a new debate about the sanctity and professional ethical code embodied in their constitutions, obligates them to undertake oath of dispensing services to humanity before commencing work in their professional settings.
For many of us who have been lawyering for a long time has jeopardize the existence of being a “Lawyer” in Pakistan, especially for those who are next in line to join this once considered a noble fraternity. As experts of law, they are the permanent feature of the daily talk shows where we see them playing an instrumental role in shaping the democracy and its governance. Though lawyers are the custodians of the law, but in the wake of the incidents have had emerged, made me conclude that we are the “violators.”
The intermittent immunity lawyers have gained through a privileged status in society has been under a sheer abuse for many years.
Over the past years, its been a usual affair to see television screens flashing news of black hooligans burning tires to disrupt city roads, thrashing police Sargant’s to intimidating the judges in the court of law on rendering a decision against their will, is something we have acquainted with.
But the bloody fight that took place between the two scared professions- Lawyers and doctors after a video went viral depicted the lack of sanity and irregularities of the professional controlling bodies – Pakistan Bar and Pakistan medical council should have enforced the code of conduct. The Pakistan Legal Practitioners and Bar Councils Rules, 1976, requires an advocate to uphold the dignity and maintain high standing of his profession, as well as his dignity and a high standing as a member thereof -Rule 134. Moreover, Section 11(b) of the Legal Practitioners and Bar Councils Act 1973 calls for disqualifications for membership of the PBC; Section 11(c), cessation of membership of the PBC; Section 28(a), person disqualified to be enrolled as advocate; Section 41, 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. And Pakistan medical commission’s breach of conduct under section 9(k) of the PMC ordinance 2009 is enough legislation for an outlook but are of no use if failed to punish the culprits. As the autonomous bodies, a stern action is the need of the hour, which shall not be limited to cancelling the licenses of those seen messing around, but an official criminal complaint must be lodged against the perpetrator with the police to make it obvious that no one is above the law.
The regulatory bodies’ failure to act is the ramification of heavy politicizing done, 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 a high time for the legal fraternity to realize that their responsibility is not limited to a person, but towards the law itself. Having said that, this responsibility cannot be abused to take personal gains and prejudices against other professionals who are equally contributing in line with their duties.
On the flip side, the regulatory bodies’ failure to act is the ramification of heavy politicizing done, has failed to assess the fundamentals of professional regulations and accountability. In developing countries, these professions have been exploited due to the financial constraints and a lack of fair opportunity available to prospective students. The PIC tragedy explains the failure of our government and professional bodies to channelize the potential of our youth to engage their practices constructively. Hence, identifying and mitigating the circumstances with a timely governmental action may be an instant solution but not a permanent settlement, unless long term reforms are implemented.
In the end, the bar and medical councils should regularly review their respective member’s license and make sure their professionals should continue to adhere with ethical practices in compliance with the rules.
Additionally, efforts of bringing culprits to the end should be a norm to serve as precedents to stop notorious faction of lawyers and doctors vandalizing society beyond recognition.
The writer is a journalist at Fox News Digital