Editorial

Bar and bench

Both sides should realise that it is in their best interest to sort out differences amicably.

Editorial October 04, 2010

The resignations of over 1,300 lower court judges in Punjab, to express solidarity with a brother judge in Lahore, whose transfer had been demanded by sections of the bar, means that urgent efforts need to be made to prevent an already unseemly situation from getting even more out of hand. This new development comes follows ugly violent seen nationwide on television screens of pitched battles between police and lawyers on The Lower Mall, one of Lahore's major roads, as well as the main barroom. A host of senior lawyers has been dragged into the fray and this does not help the judicial and legal professions. There will always be two opinions about the appropriateness of the style adopted in the courtroom by the district and sessions judge in question, whose transfer lawyers affiliated with the Lahore Bar Association are demanding. But resorting to hooliganism, abusive language against judges and the use of thuggish behavior is not the best way to drive home the message. By the same token, the action by the police was also wholly unwarranted and only served to inflame the conflict.

There is an effort on to politicise the matter. Allegations have come that the law minister is involved. Realistically speaking, this seems unlikely with the issue possibly a continuation of previous unrest between lawyers and district judges. In all this, people are too often forgotten. It is they who suffer when lawyers go on strike, holding up cases that have sometimes lingered on for years. The ruckus also reduces respect for the legal system and all those who form a part of it, and this is nothing short of a tragedy. This lack of faith in the system has contributed to the mob violence of the kind seen recently in Sialkot. What needs to be done — on a war footing — is for both sides to sit down together and sort out their differences, instead of fighting in full public view. A greater responsibility lies on the shoulders of the lawyers since much of the violence has been exhibited at their end. Both sides should realise that it is in their best interest to sort out differences amicably.

Published in The Express Tribune, October 5^th, 2010.

COMMENTS (5)

Gangly Khan | 13 years ago | Reply I agree with Asmat Jamal. The Judges side with lawyers who are crook and and their close contact. I remember a case where accused filed petition for pre-arrest bail. The accused were alleged to have caused injuries. Lower court had sanctioned their bail. During trial they did not appear in the court and their surety bond was forfeited. But bail was not cancelled. They sought pre arrest bail from sessions judge. Their counsel pleaded their case. From the mode of the judge the counsel made out that the judge would reject the bail and the accused would be sent to jail. He told his clients that they can go to some favorite of the judge. They then engaged a new lawyers who met the judge and on his request judge granted bail to the accused. I am told that the judge tore his first order and drafted fresh bail order. For this accused paid heavy fee. Similar cases happen every where. Justice is commodity on sale. Paying more price one can fet relief of his choice..

Asmat Jamal | 13 years ago | Reply Bar and Bench are hand in glove in providing delayed, low quality, half cooked judgements. This is the way to make more money from poor litigants and fleece them of their hard earned resources which they earned by spending life time.

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T. Ali | 13 years ago | Reply We the people of Pakistan were made to believe that once the remnants of Dogar Court and Irshad Court were removed from the Bench, the Judiciary will be truly independent and free from pressures and blackmail. The rowdy scenes witnessed in Lahore recently have come as a rude shock, where some rowdy elements of the bar had no hesitation in openly pressurising the judiciary, locking up chamber of Senior Sessions Judge Lahore and breaking the glasses of a door next to chamber of Chief Justice Lahore. I fail to understand how this is acceptable behaviour, and was this the objective when the people of Pakistan rose up when our Chief Justice of Supreme Court was subjected to pressure and harassment by generals in uniform , including the former dictator. "JUSTICE SHOULD BE DONE, EVEN IF HEAVENS WERE TO FALL". There was a rumour during the Dodar Court era, to hire sons, brothers, nephews and son-in-laws of Judges, now the rumour is to hire rogue lawyers who can pressurise and blackmail judges with threats of transfers and boycott, instead of hiring good and honest lawyers of repute. The unprincipled stand of contestants to SCBA Elections is in sharp contrast to the principled stand taken by Munir Malik, Aitzaz Ahsan and few others. Most of the lawyers who continued to present themselves before the Dogar Court, or who had an inconsistent stand on NRO are calling the shots today. The people of Pakistan continue to hold their Chief Justice Supreme Court of Pakistan in high esteem, who alone has more credibility than all other politicians, lawyers etc. It was shocking to read the statement of son of a former AG of Pakistan and a sitting Senator of ruling party to mock at honest judges terming it as their Honesty Phobia, while referring to Senior Sessions Judge Lahore, who is paying the price for his integrity.

Sultan Ahmed. | 13 years ago | Reply It would be doubtless, when I say,a conspiracy has been hatched by not unknown quarters. But now to see the start, where from a tussle has begun. A judicial officer had not a good behave toward lawyers, and on this,bar complained to bench, bench disregard the complaint, and in the meanwhile,behave of a judicial officer could not be changed, the same was beyond the patience of the bar. On this,former president of the supreme court bar association , while addressing a meeting in Lahore pointed to the existing chief justice of the Lahore high court, this high up is responsible for the unrest,and the clash going on this time, on the other hand he reiterated that a conspiracy has been hatched but no power on the earth can break the unity of the lawyers. After this, the bar imposed ban on some personalities entering into the Lahore Bar, they named specifically , provincial law minister,federal law minister and other high profiles,now it has been cleared that the bar understand them responsible for this conspiracy. The chief justice of the high court tried to settle the issue but failed because time was over, taking a sue motu notice the head of the supreme court tried his best overcome the fire but still burning and getting out of control. There is no role has been seen played by the provincial government federal government is also take up silence on the issue, silence on the issue by the two governments is not understandable , they should move forward and settle the issue forthwith because time is getting out there are chances of any untoward incidents, in this way existing situation may be out of control and third power come to fill the vacuum.

gangly khan | 13 years ago | Reply In fact these communities i.e bench and bar have been dragging litigant public in the name of giving justice and fleecing them. God has turned angry over them. He has caused fragmentation among them do that they should develop His fear in hearts. Justice is a great welfare of the poor but our system because of being corrupt and inefficient has failed badly. So judges who have tendered resignation ust be sacked after acceptance of resignations.

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