ISLAMABAD: A member of the Pakistan Bar Council (PBC) has called on the council to discuss in the meeting scheduled for Dec 10 the growing number of incidents caused by lawyers’ boorish behaviour and practices of intimidation threatening judges.

“I request to include the subjects on prevention of ‘wukalagardi’ (misconduct of lawyers) and how to ensure transparency in the process of nomination for the appointment of judges in the high courts,” wrote Advocate Raheel Kamran Sheikh in a letter to the chairman and members of the 23-member PBC.

The PBC has called its 218th meeting on Dec 10 to consider amending PBC Legal Education Rules 2015, proposed by the legal education committee, requesting to award the Legum Baccal­aureus (LLB) degree after five years of education instead of the current three years.

Mr Sheikh in his letter admitted that legal education reforms were undeniably one of the most important subjects that the council had a duty to consider. But, he argued, the growing number of incidents where a lawyer or a group of lawyers were reported to be intimidating and hurling threats at the judges, police officers, media and other members of society was giving a bad name to the noble profession.

These incidents were described by the media as ‘wukalagardi’, the letter said, adding that when lawyers — supposed to be the torchbearers of the rule of law — acted in violation of law they shook the foundation pillars of the administration of justice and perpetuated anarchy.

To come up with a permanent solution to address such misconduct, there should be a sincere and persistent effort on the part of the bench and the bar to identify the causes and address those in a meaningful way, Mr Sheikh emphasised.

Expressing concern over the severity of the situation, he stressed that at present most incidents were confined to the courts of civil judges, magistrates and sessions judges but if the situation was not arrested and causes were not addressed, no court premises would escape this [misconduct] ‘madness’.

Currently, there are more than 150,000 lawyers in the profession and the number doubles every five years. There are more than 100,000 law students enrolled in law colleges affiliated with the Punjab University, Islamia University Bahawalpur and Sargodha University alone, of which almost 30 per cent will join the profession in the next three years, Mr Sheikh wrote.

After 17 years of education the young lawyers will enter the profession without knowing how to write simple applications for the grant of bail or interim relief, he regretted.

In the absence of transparency with regards to the promotions on the bench, one can never be sure if the principle of equality of opportunity is being satisfied, he said, adding that instead of acknowledging contributions in terms of correct decision-making elevations are based on seniority solely.

Likewise, in the absence of objective criteria or guidelines young and capable lawyers are hardly motivated to work for better assistance of the courts, he added.

Published in Dawn, December 4th, 2016

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