Lawyers Run Amok

Author: Iftekhar A Khan

Only a few days ago, the prime minister regretted how the country lacked a rule of law, which is the biggest problem facing it. It seems the lawyers in Mandi Bahauddin agreed with the PM’s observation and proceeded to prove him right by thrashing a judge in his own court. The president of the local bar led the lawyers on a thrashing spree.

The lawyers were infuriated when the judge of the consumer court summoned the deputy commissioner and assistant commissioner of the district to appear before him in connection with a complaint lodged by a citizen. The supercilious bureaucrats chose the president of the district bar association to represent them in the court. Or maybe, the president himself extended his good services to represent them. Reportedly, the bureaucrats could not satisfy the judge, who ordered them locked up in jail in Gujrat. Instead, the police took them to the DC house; the seat of authority in the district. But the event took an ugly turn, when, in retaliation, a group of lawyers dragged the judge out of his court and locked it. What followed later is another matter.

This however isn’t the first time when the lawyers took the law into their own hands, the same law that they’re supposed to protect and uphold. Incidents of lawyers beating up the judges of the lower courts are not new. Sometimes, the lawyers harassed and manhandled judges of the lower judiciary and locked up the courts when decisions were not given in their favour. Rowdyism by men of law and roughing up the judges is unheard of in civilised countries.

The movement made the lawyers too defiant and intransigent even for their own institution to put up with.

When other segments of society stage protests, none of them are as fearless and act as brazenly as do the lawyers. The historic lawyers’ movement for judiciary had its own pros and cons. Even though the movement succeeded in restoring Iftikhar Muhammad Chaudhry as the CJP, it made the lawyers too defiant and intransigent even for their own institution to put up with.

Black coats are considered an educated class of the society and upholders of the law of the land. Unfortunately, the entire society has suffered from moral degradation over the years and the lawyers’ community is part of the same society. But their unruly behaviour stands out more distinctly compared with other professionals, as they are expected to stand by the law. At the same time, many principled and morally upright lawyers are part of the lawyers’ class, which offers much consolation.

Some years ago, the Bar Council wanted to adopt a procedure in arrangement with Nadra to issue new CNICs to lawyers after verifying their degrees. Under the arrangement, the lawyers had to obtain new CNICs with their profession explicitly written on them. Only a very small percentage of lawyers applied for the cards. Many lawyers didn’t apply for the new cards, fearing their fake degrees would be detected and they would be barred from legal practice. A crying need to adopt such a procedure exists now more than ever to verify degrees and other qualifications of lawyers, doctors, and other professionals to end fakery. After all, why are various degrees by our public sector institutions not readily accepted by foreign universities?

Anwer Zaheer Jamali, as chief justice of the country in 2016, pointed out how “a large number of fake lawyers who do not even have intermediate-level education are engaged in legal practice.” He commented when two fake women lawyers were caught practising law and cases were registered against them. It was reported at the time that about 400 fake lawyers practiced in the district courts of Islamabad. Whether the number of fakers has since increased or decreased is easy to speculate. But the dictum that “cheaters never prosper” has proved wrong in our dear land. Now, the fakers seem to do better than those with genuine qualifications.

Certainly, faking of degrees is not restricted to the legal profession alone; other professions suffer from it too, for instance, the fake medical doctors. Quite a few of these degree-fakers make good money whether in medicine or law. Such stories do the rounds even about the lawmakers ever since the graduation clause was introduced for contesting elections. The candidates produced degrees from far-flung and little-known universities to be eligible for elections. Bottom line: When elites of the society show no respect for the rule of law, how are the semi-literates expected to follow it?

The writer is a Lahore-based columnist and can be reached at pinecity @gmail.com.

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