Whether Legal Profession does not need to be streamlined and regulated: Yesterday, one of the influential senior Advocate of Supreme Court entered my office and queried about status of his freshly instituted/filed petition on legal question of law while impugning/challenging the proceedings of Special Court. I welcomed the senior Advocate and offered for having a seat. the next movement, He again inquired about the status of the petition, being adjudicated for its examination and suitability for its maintainability and registration, meaning with to be a fit case for hearing under the original jurisdiction of the Supreme Court. My answer was, that the said petition is pending and following questions/objections to the petition are to be examined/decided by today, positively. 1) Whether Petitioners any of the Fundamental Rights guaranteed by the Constitution of Pakistan under Articles 8 to 37, has been infringed/violated? 2) Whether the Petitioner has any loca standi having knocked right forum for re-deressal of his grievance? 3) Whether Petition is entertain-able under Article 184(3) of the Constitution 4) Whether, in absence of the petitioner, a petition can be filed/instituted in the Supreme Court. 5) Whether Cause of action has been established? The Senior Advocate, fall in arguments and reasoning that allegedly i have caused the delay in deciding the fate of the petition and also i have become a hindrance in provision of free and speedy justice to his clients/litigant parties. I too timely responded that the said petition has been received in the Office, Yesterday in the evening and will be finalized its fate of enter-maintainability or otherwise. And further, the petition contains some legal questions to be decided today and there is delay on part of the Office as it has been kept for only one and half day. However, the Senior Advocate did not agree and went upon arguing the flimsy and baseless grounds for the said delay in provision of justice. He stressed on the Legal Idiom/proverb i.e. Justice delay is justice denied. My arguments to the said proverb was: Justice in Harsh is Justice destruction. While facing so in satisfying me by his baseless arguments, the Senior Advocate made his hard movements to make a case for relief. He took personal and targeted me for causing delay in the petition and termed me a hindrance in the provision of free, fair and speedy justice. Next movement, My answer to the Advocate was very simple with following questions regarding his legal profession and advisor-ship to his client in the said petition by filing in the Supreme Court in initial consultation process. 1) Whether, you did not know that proceedings of special courts cannot be challenged in Supreme Court. 2) Whether You did not know that High Court is the proper forum by filing a writ petition? 3) Whether honestly, you have advised your client that this petition is not admissible in the Supreme Court?. By challenging his professional conduct and having heard my arguments on his professional conduct, He was shocked and made good excuse for leaving my office. The said movement, I was lit bit, doubted about my acts and responding the senior lawyer but on the other hand i was compelled to think and propose some legislation/law making for regularization the legal profession and conduct of the legal practitioners. Although, there are, Pakistan Bar Council Act, 1973, Legal Practitioner Act, 1973 and Provincial Bars Acts; and too there are properly constituted Regulating Bodies to regulate the legal profession and have check on the conduct of legal profession and its legal practitioner. It worth mentioning, that Pakistan Bar Council is the regulating body and functioning at equal footing with PMDC and Engineering, in the filed of Medical and Engineering, but unfortunately, this body (PBC) is neither playing its effective role to improve the education standard in the filed of law and judicial nor has regulate the legal profession in the true meaning, particular, the legal ethics and conduct of the legal practitioners. On and off, we observe that Advocate mis-behaves and mis-handled and usually complaints are processed for appropriate action against the legal practitioners but with no ultimate conclusion or required decision and justice is not done in these case. With apology, another aspect of the subject them, that we the legal professionals, primarily, do not come in this profession with background of pre-thought from secondary education/Schools like Doctors and Engineers but entered in this profession by incidents. Only 5 percents legal professionals have mind plan to become a lawyer or a judge while rest, after attempting all hard and dry, adopt this professional. In my humble view, we need more cream and outstanding people in this field because they make the basis of justice and equality in the society. The phenomena of justice delay in our society is attributed to the huge pend-ency which directly caused by these legal professionals who failed to give good advice and consultation to his clients. If the legal professionals advise his clients, not to file a frivolous case/petition, wherein, no case for relief can be made, i guarantee you that 80 percents pend-ency can be reduced in one year and trend of filing false cases can be avoided, if the legal professionals do right job and display sincerity with their profession. This is indeed true that in sub-continet, in particular, India and Pakistan, ratio of filing of false cases is high side due to the public in-civic sense to harass and engage the opposite party in court litigation. Even, parties engaged themselves in repeated round of litigation from the trial court to the apex court/supreme court, with intention to cause mental and financial harm to the other side. The Federal Government needs well time legislation/law making for effective regulation of the legal profession and setting new standards for legal and judicial education; and ethics of the legal practitioners in Pakistan. Once more sorry for the professionals concerned the legal and judicial fields and hope No Offence as this column has written in the best public interest aiming at provision of free, fair and speedy justice to all the citizens of Pakistan. Plz positive comments and proposals for regulating the legal profession in Pakistan, equally as Medical and Engineering.
Posted on: Fri, 28 Nov 2014 10:20:54 +0000
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