Chaos between bench and bar27 January 2023
Gulam Rabbani :
After taking the charge Chief Justice Hasan Foez Siddique in his felicitation programme said the bar and the bench are like the two wings of a bird and the judiciary is the whole body of that bird.
It is not possible to run the courts in any way without the cooperation of the bar, also said the Chief Justice in the programme at the chief justice's courtroom in the Supreme Court held on January 2 last year.
However, at the last stage of the present Chief Justice's tenure, his one hope is becoming smashed. Recently, there has been a massive rift between the two wings of the Judiciary. Conflicting situations have been creating between the lawyers and the judges in different district courts of the country. This is damaging the image of the judiciary and also causing sufferings to the common litigants.
Apart from this, the High Court is summoning lawyers due to untoward situation created in various district bars. Lawyers are forced to come when they are summoned by the High Court, but the lawyers are not taking the issue well.
Senior Advocate Khurshid Alam Khan said, "Bar and bench have to show the mutual respect. What happened recently in different district bars is not comfortable for the judiciary. Lack of proper training and patience of the judges and lawyers are creating this unwanted situation."
Supreme Court Bar Association (SCBA) Secretary Md Abdun Nur Dulal termed the chaos erupted between the bars and the benches in different districts as isolated incidents though the similar situation created in different bars at the same period.
He said, "Although similar situation created in few bars at the same period there is no inter connection among those incidents. Those are isolated incidents. These incidents are happening due to the lack of mutual respect between the bar and the bench. We are trying to reduce the distance in the interest of the dignity of the judiciary."
The High Court on January 25 this year summoned three lawyers, including the President of Nilphamari Bar Association, for indecent behaviour with a judge inside a courtroom in Nilphamari. They were asked to appear before the court on February 8 to explain the allegation of misconduct.
The HC bench of Justice JBM Hassan and Justice Razik-Al-Jalil passed the order following a written complaint by Golam Sarowar, a judge of Nilphamari Women and Children Repression Prevention Tribunal-1. Those summoned are Nilphamari Bar Association President Advocate Md Momtazul Haque, Advocate Md Azharul Islam and Advocate Ferdous Alam.
Judge Golam Sarowar of Nilphamari Women and Children Repression Prevention Tribunal-1 on November 29 last year sent a written complaint to the High Court to take action against those involved in it.
Recently another same incident happened in the Brahmanbaria Bar Association. Some of the lawyers of the bar did indecent behaviour with a judge inside a courtroom in the district, according to another complaint.
Following the incident the same High Court Bench recently summoned 21 lawyers of the Brahmanbaria Bar Association and rebuked them.
The HC said, "The words which you used [against the district judge] are so indecent. Even the coolies of the Kamalapur (railway station in Dhaka) don't act like this. The entire lawyers' community should be ashamed of your conduct."
The HC bench also warned them, saying this court could order cancellation of licences of the 21 lawyers for their indecent conduct. Later, the court ordered them to appear before it again on February 19 for explanation of their roles.