LAWYERS' SUCCESS DEPENDENT ON PEOPLE'S CONFIDENCE

            I congratulate Mr. Ali Ahmad Kurd for his victory in Supreme Court Bar Association but his victory is significant only for the lawyers not for the people of Pakistan. If he wishes to have the support of the people in the Country, he will have to change his methodology of his struggle. His support by those political parties who have either not participated in February 18 election or have no representative in the Parliament, is meaningless.

            It seems to me that they will never succeed if they started strikes daily but instead will lose the support of the rest of the people. Wasting of time of the people is directly linked to the disgrace of their profession not only in the eyes of their clients but also in the public. Indeed their ideal is noble"”the Supremacy of law, rule of law, sanctity of law, independence of judiciary but these cannot be achieved by wasting the time of those innocent people who have been dragged by their opponents in the Courts. Great ideals cannot be achieved by foul play. If the lawyers really, honestly, devotedly and from the core of their hearts wish to see Pakistan a law abiding Country, why they slept so far and why they had closed eyes on the plight of the people. Why they rendered access to justice so expensive. Why they failed to achieve that confidence from the people which they deserved. They lack unity even in their ranks. Some have bound themselves with the Government and some have labelled themselves as anti-Government. This is nothing but an eye-wash and to delude the people.

Each Judge in every Court has been burdened with hundreds of cases and new cases are piling up daily. After all a Judge is a human being, how he will handle the situation without the cooperation of the lawyers. The result is that the litigation of people continues to decades. Who is responsible. The lawyers should assist the Courts in the cases of people promptly for two reasons.

(1)                                       The people give them the fees of their choice and after taking fees of choice, it becomes the primary responsibility of a lawyer to be faithful to the case of a litigant. Any wastage of the time of the litigant is dishonesty with him. The meaning of a maxim of Equity is that a person who wants justice from others, should do justice himself with them. "He who seeks equity must do equity". It is one of the Principles of Equity.

(2)                                       They should uphold the dignity of their profession at the cost of their time and monetary gain. It is impossible that they would become dignified despite wasting the valuable time and money of the people for nothing.

If the people of Pakistan realised that the lawyers are honest and sincere with them, then the lawyers will no longer lay on dirty roads with their black coats in the dusts and humiliate themselves and their exalted profession but the people will put them on their shoulders and will nominate them for the National and Provincial Assemblies and will convey them to the Presidency and Prime Minister's house. People will reject all the political parties for the sake of this well-learned and dignified class but this dignified class will have to give sacrifice for the people of Pakistan not for a few Judges or a Judge. (Majority of the Judges took fresh oaths without consulting those who had made hue and cry in the Country for their restoration!)

            The whole World is witnessing the struggle of the lawyers but neither the World nor the people of Pakistan take any interest in it. When a lawyer ask a person for proof before winning in the Court of law, in the same the people ask them to prove in the Country that they are their real well-wishers. At present, both at intellectual level and at laymen level, there is general perception that the whole struggle was first for few persons and is now for one person; there is no benefit to the people in the struggle. The people will always attend the Courts for decades only for one decision.

            The lawyers should learn one lesson from the protests of the people regarding the load-shedding in the Country. They sincerely came out of their houses, burnt electricity bills and damaged other things belonging to those supplying electricity. It was the result of the strong protest that the Minister for Power issued a statement about the end of load shedding in the Country otherwise neither rainwater filled the reservoirs of the Dams nor other electricity-producing units were installed. Actually, the Government realized that people were not ready to accept the lame excuses.

            It is not preumption but a fact that people involvement is must and which is only possible when lawyers"”people relationship is established on strong foundation otherwise the lawyers will continue their struggle for decades with no result.

Dated: Monday, 03 November 2008.