We are very proud of the commendable lawyers’ movement sparked off on 9th of March 2007, by the refusal of the Honorable CJ. One of its admirable characteristics was its consistent pattern of non-violence. The many who participated in this historic movement were not deterred by the repeated violent attacks, tear gas, lathi charge, physical and mental torture and even firing from the local administration and the political parties in the ruling clique.
Many lawyers including Mr Raja Riaz became victim of targeted killing in Karachi. More then 70 citizens sacrificed their lives in Karachi alone on 12th May 2007. Some lawyers were even burnt alive in Karachi on 9th April 2009. Hundreds of Lawyers and members of civil society from different professions including some senior advocates such as Mr Aitzaz Ahsan, Mr Muneer Malik and others suffered serious injuries.
Thousands of lawyers and members of civil society throughout the country suffered rigors of imprisonment. The CJ and other senior member of the judiciary were detained fro months along with their families. Despite extreme provocations, the lawyers’ community and members of the civil society never resorted to violence. This was widely appreciated by numerous bar associations of the world.
It is with disappointment that I am constrained to state that soon after the heroic victory in March 2009, repeated incidents of violence by the lawyers started occurring in various courts of the country, regretfully more so in the the Punjab. Newspapers are consistently reporting incidents of physical attacks by the lawyers on the electronic media or on police constables or on the courts of civil judges or beating of the clients and ordinary public in the courts or lawyers demanding removal and appointment of the session judges of their choice.
Similarly, in Karachi, the lawyers and their elected leaders ransacked the office of an NGO offering free legal aid, in the district court premises, patronised by former Chief Justice of Pakistan, Saeed uz Zaman Siddiqui. Lawyers of the Karachi Bar started demonstrations in the district court, spread offensive and abusive SMSs against former CJ Sindh and SC Judge Justice Nasir Aslam Zahid for operating his free legal aid organisation in the Karachi Jail Compound. Much to our disappointment, the lawyers and their elected office bearers succeeded in restraining Mr Zahid from operating his legal aid office from the jail premises.
I was horrified to see that some lawyers of Rawalpindi greeted and garlanded the murderer of Salmaan Taseer. When the accused Qadri was sentenced to death by the Anti-Terrorist Court of Rawalpindi, it was repeatedly attacked by some lawyers. Instead of protecting the Court and arresting the rogue elements attacking it, the government advised the judge to go on long leave. This policy of appeasement of the religious extremists is the cause for the rise and rise of militancy and religious fanatics in the country. Subsequently, I was most disappointed by the appearance of Mr Khwaja Shareef, former CJ Lahore High Court in the appeal of Qadri. No doubt every accuse has a right to be defended, but I did not expect Khawja Sharif Sahib to perform this act in such a case.
The list of lawlessness, violent and criminal acts of some of the lawyers in the Courts is fairly long. The most disturbing fact of grave concern is that rarely any elected representative or stalwarts from the lawyer community have condemned such act or taken any disciplinary action. I am conscious of the fact that vast majority of the lawyers are law abiding and peaceful members of our society.
I will not be surprised if some of the rogue elements have been planted to tarnish the image of the lawyers’ community at large, by the forces who had opposed the movement for restoration of the judges. These forces could not possibly bear the world wide acclamation and popularity of this unprecedented movement. Such adversarial forces that appear to be part of the ruling elite may very well be instigating the black sheep amongst the lawyers to commit such violent and criminal acts. What is not understandable is the indifference and deafening silence of most of the stalwarts and office-bearers of the Bar Council and Bar Associations.
It seems that the elected representatives of the Bars have followed the self serving expediency of turning a blind eye against all illegal and criminal acts of the rogue elements in bars, perhaps for securing their votes and support in the elections. The elected representatives must not forget a basic principle that offices of the bars are held not just for status and monetary gains but for serving the legal fraternity, enforcing the code of conduct, rule of law and protecting the repute of the bar councils and associations.
Once again, the season of the elections of the bar associations has started. I am in a dilemma as to whom I should vote for. I will feel guilty of voting or supporting someone who is not inclined to condemn and punish the lawyers indulging in violations of laws and the Code of Conduct. I shall be happy and will support wholeheartedly, the candidates who publicly express their determination to cleanse the bars of these rogues who continue to tarnish image of the lawyer community.
The writer is a senior advocate of the Supreme Court, a former Senator, Attorney General and Federal Minister. He may be contacted at [email protected]
