FARHAD UDDIN AHMED BHUIYAN
Law as a profession, having its dignified extents in every knock and corner of the society, is considered as the best option to work for people directly, though now some days the sky rocketing reputation of this profession is about to die out; having assorted type of evil and devil activities of some people tied with this profession, more particularly, in Bangladesh. With regret and pensive mood, I have to move my pen to bring to light the untold and folded pains and bitter experiences of our legal fraternity. I feel at home to put forward the all-out drawbacks and barrier- the learned advocates and litigant people have to face in the courts and Bars of Bangladesh. However, ever and anon, as a professional we have to put concentration on litigation and litigant people’s interest but how much we can do such for them is questionable. Without untiring efforts and concerted initiatives including diligent legal study and research, we have to become frustrating by not being able to ensure the justice and Equity for the litigant people. In fact, what factors are behind this we more or less know but cannot show our courage to with stand such undue practice in the legal fraternity for which justice and equity in most of the cases have to be buried.
However, I filed a writ petition before the Hon’ble High Court Division of the Supreme Court of Bangladesh and moved this petition on 02.03.2020 before a division bench of High Court comprising of Mr. Justice M. Enayetur Rahim and Mr. Justice Md. Mustafizur Rahman. After hearing, the Hon’ble Court issued Rule Nisi to show cause upon the respondents as to why they should not be directed to take all necessary initiative to stop and root out the reckless activities of the touts, brokers, advocates’ clerks, Mohuri and those who give false identity as advocate and receive briefs from the litigant people and the Hon’ble Court also directed the respondents to take all necessary initiative to stop and root out the reckless activities of the touts, brokers, advocates’ clerks, Mohuri and those who give false identity as advocate and receive briefs from the litigant people from all the Bar Associations and all Court premises of Bangladesh within 60(sixty) days.
It is important to outline here that the movement and influence of unauthorized people such as touts, brokers, tadbirkar etc. in every four walls of legal fraternity are found round the years. No telling to say that now a day, the number of touts and brokers etc. in the courts and bars of the country are booming alarmingly. Why we should be careful about them? What they are actually doing there in? What steps should we take to root out them from our beloved working station?
There is no denying fact that a group of people pretending to be a lawyer, clerk, associate, staffs, relative of the judges with false assurance receive cases from the litigant people, though they do not have such power and authority to do so. It is matter of shame and worry for all the learned advocates of Bangladesh that touts and brokers are drastically washing away the dignity and reputation of our profession by their illegal activities for long years.
Unfortunately, Bangladesh Bar Council is not taking any visible effective and strong steps against touts and brokers. Not only this, senior leaders, president and secretaries of most of the Bars of Bangladesh are lagging behind to take any drastic action against the activities of touts and brokers in the court premises. Though Dhaka Bar Association and Supreme Court Bar Association with some courageous learned advocates’ initiative proceeded a bit further to identify and catch the touts and brokers but all in vein and went astray for the non-cooperation of some senior leaders and beneficiaries. As a driving force to root out the touts and brokers from the court premises, I have to face limitless obstacles but I have left no stone unturned.
Actually, touts and brokers roam in the court premises. They collect and receive cases of litigant people from different parts of the country. Thereafter, touts give false assurance to the litigant people and receive huge amount and there after they become disappeared and thus the sufferings and harassment of the litigant people start.
In fact, touts and brokers have multiple tricks to collect cases and briefs from the litigants. Most of the time, touts and brokers receive cases and hand these over to their chosen lawyers for appearing with a lump sum amount.
Sometimes, touts and brokers make agreement with the litigant people giving guarantee of winning the case. They do not stop with this.
They even do not fear to make forged and fabricated documents. Even the touts and brokers make and tamper the documents and produce it before the courts through their selected lawyers. Now a day, the number of making forged order and judgment has been booming and becoming an alarming & detrimental issue in our legal fraternity.
Usually, common people, when face any case or suit, become perplexed and have more chance to be the prey of touts and brokers. Very often, touts and brokers throw challenge that they have connections with so and so judges and give colored guarantee to win the case or suit which destroys the wholesome reputation of the judiciary.
Advocate’s clerk has no right and authority to receive any kind of case or matter from any client but who cares about this. Some advocates’ clerk maintains a big syndicate which even gets connected with some of the leaders of bars and political party. The way the clerks are receiving cases and suits from the clients is a warning to us that we are at the gun point to with stand them in no time.
More particularly, some learned advocates are also involved with such unfair practice of collecting briefs by clerks which is absolutely barred by Bar Council Rules and orders. There are some learned advocates who go to roof top of the SCBA building and hand over the ejahar or necessary papers to the computer typists for drafting the petition forgetting that by this means they have been destroying and paddling our professional dignity.
It is undoubtedly mater of worry that there are many clerks in the bar who engage the learned advocates as their clients’ lawyer and likewise the learned advocates also welcome the clerks. by this way, deals go further. Some clerks having no license or dress are aimlessly roaming here and there of the bar and the court premises. Most of the time, they receive briefs from the client and cheat with them. With such bad situation of the professional degradation by the touts and brokers, no bar leaders except some, are caring for destroying the hub of touts and brokers.
But the news of hope is that thousands of young dynamic lawyers are very much worried and aggressive about the activities of touts and brokers in the legal arena. Very recently, a few of touts and brokers have been caught red handed by the learned advocates of different Bars and sent them to jail. One practical experience I feel like to share with you today. Whenever any touts or brokers are caught, instantly many seniors come forward to take back the touts and brokers from the custody of the Bar leaders even.
Threats, scolding, insult and so many pains and arrows are aimed at the persons who work for washing away the touts from the legal arena. In real sense, if we do not drag on the bridle of the reckless touts and brokers immediately, then the crucial snap on our profession and dignity will make us upset in the coming days. Perhaps, we think that let’s leave it, we are not personally being affected by the acts and deeds of touts and brokers in profession; but in fact touts are spreading slow poison in our profession which will, in course of time, destroy our existence in the profession.
However, we better step forward leaving aside the debates whether touts and brokers are to be thrown away from our premises or not. What I feel and think to be considered by us that we should no longer waste our time to trigger the touts and brokers. Since it is a common interest of the lawyers, we should leave no stone unturned in this issue. Political belief, race, community, region etc. must be bleached away from our mind before we attempt to struck down the touts and brokers.
The shell of touts and brokers are not that much hard and rocky to crush. So, united and untiring concerted efforts can at best make bound the touts to go into hole. Though in Bangladesh Bar Council legal practitioners order 1972, there is clear definition and provision of punishment regarding touts and others, in every Bar associations of Bangladesh leaflet, banner, poster etc. may be distributed and sticked with warning of touts and brokers. When taking action against touts and brokers, beneficiaries may blaze and groan with earnest force that must have to be tackled sharply. Almost lawyers want the touts and brokers be kicked out and sent behind the bar except few advantageous. I hope our same and unique voice aiming to trigger the touts and brokers will be successful, if senior leaders and advocates of the Bars and Bangladesh Bar Council extend their helping hands to brush aside the touts and the brokers.
I think and believe that it is high time to get rid of the axis of touts and brokers to bring back our professional dignity and the concerned respondents will comply with the Hon’ble High Court’s order accordingly.
To be honest, our dare to chase the touts and brokers may give fuel to our movement and zero down the rising index of the touts and brokers in our legal arena.
Indeed, we can, need and should whistle and raise the voice that “we demand touts and brokers-free court premises”.
( The writer is an advocate of the Supreme Court of Bangladesh and President of Lawyers’ English Debating Society who can be reached at supremecourtlawyer.bd.uk@gmail.com and /or 01715819457)
