Advocates’ Protection Act: A demand of the age.

Advocates’ Protection Act: A demand of the age.

 Advocates’ Protection Act: A  demand of the age .

                                      Farhad Uddin Ahmed Bhuiyan

Question may arise why the urgency should be given to enact Advocates’ Protection Act since the existing provisions of law and statutes are sufficient to try and punish the offenders, if situation demands. It may have logic in simple sense but in broaden extent I must disagree with that.

However, in the last couple of years’ brutality and torture on Lawyers of Bangladesh has advanced us to think of enacting a special law for advocates of Bangladesh.     It is well known that the learned advocates of Bangladesh kept appraising contribution in the Liberation War in 1971 including many national issues to protect our sovereignty, Rule of law, Justice and Equity; apart from this learned advocates throughout the country have been continuing whole-hearted, concerted efforts and dedicated contribution to establish and ensure Role of law, justice and Equity to date.

Also, the learned advocates have to plead for and against many sensitive cases of spotted criminals to ensure complete justice in Bangladesh; most of the cases influential people or gangs of criminals become annoyed and vindictive upon the concerned learned advocates who move for or against them and thus culprits, being allied in collaboration with law enforcing agency members, attack and harass the learned advocates of Bangladesh. When performing professional duties and standing for establishment of Justice and Equity in the country, learned advocates have to count a lot of sufferings, criminal intimidation, harassment, brutality etc. in every now and then. And, more than hundreds of learned advocates of Bangladesh from different Bar Associations have been brutally killed, tortured, attacked, kidnapped, harassed by the miscreants/spotted criminals/law enforcing agency members/ contesting party(s) of the suits & cases etc. because of performing their professional duties to ensure justice and Rule of law and such number of incidence is alarmingly skyrocketing day by day.

The following factors and reasons mostly raise the demand of enacting Advocates’ Protection Act and/or Law/Rules to protect the learned advocates of Bangladesh from being attacked, tortured, brutally killed, kidnapped, harassed by the miscreants/spotted criminals/law enforcing agency members/party(s) of the suits & cases etc. because of performing their professional duties to ensure justice and Rule of law.

It is true enough that learned advocates in their whole life have to struggle and fight for ensuring Justice, Equity and Role of law having untiring efforts, laborious practice of law and intellectual contribution with fear and threat of miscreants and counterparts etc. but despite doing so the learned advocates do not get the protection of their right to life, right to property, right to equal treatment and protection of law rather they are being attacked, tortured, brutally killed, kidnapped, harassed by the miscreants/spotted criminals/law enforcing agency members/party(s) of the suits & cases etc. because of performing their professional duties . If Advocates’ Protection Act and/or Law/Rules to protect the learned advocates of Bangladesh is made and enacted, then learned advocates will be able to move any case /suit without having fear of being killed, victim of attack of the family members and kidnapped etc. by the notorious and interested parties and /or miscreants of the case / suits. More specifically, the Honorable Judges, Judicial officials, Parliamentarians, Ministers, High officials, law enforcement agency members, members of disciplined forces and all who are performing their duties to govern the country aiming  to establish rule of law and Justice are getting well protection of right to life, personal security etc. but learned advocates who are oath bound to ensure rule of law and preserve the spirit of the Constitution of the People’s Republic of Bangladesh are being deprived of getting well protection of right to life, personal security rather they are being attacked, tortured, brutally killed, kidnapped, harassed by the miscreants/spotted criminals/law enforcing agency members/party(s) of the suits & cases etc. because of performing their professional duties.

Besides, learned advocates cannot deal with the sensitive and serious cases where top spotted habitual criminals are accused with the threat and fear of being killed, kidnapped, harassed by them causing serious doubt to ensure justice, equity and proper punishment of the criminals whereas if Advocates’ Protection Act and/or Law/Rules to protect the learned advocates of Bangladesh is made and enacted, then learned advocates will be able to move any sensitive case /suit without having life threats. without Advocates’ Protection Act and/or Law/Rules, it has been terrible, horrible and risky enough to conduct and move any serious and sensitive case/suits being comfortable and free from threat. Having enacted the Advocates’ Protection Act and/or Law/Rules, it will be possible enough for the learned advocates to deal with the cases much impartially, courageously, and honestly without fear and pressure. Learned advocates are officer of the Court and they have to play a vital role in establishing and ensuring role of law and justice but soon after appearing any case learned advocates are not out of danger and threat which sometime results brutal attack on them and their family causing no protection of their right to life as guaranteed under article 32 of the Constitution of the People’s Republic of Bangladesh. Learned advocates have to become victim of personal rage, vindictiveness arising out of political clash, ethnic, race, religion etc. when performing their duties and conducting some cases as there is no law for advocates’ protection.

There are many examples of brutal attack on the family members of the learned advocates only for appearing in a particular case which would not happen if Advocates’ Protection Act and/or Law/Rules to protect the learned advocates of Bangladesh is made and enacted. Even law enforcement agency members do not work properly to protect the learned advocates when they seek help from them. There is no financial, social and life security of the learned advocates whereas learned advocates till the last breathing do dedicate their best tenure of life in rendering legal aid and service to establish Justice and Equity but in return right to life is hampered in almost cases.

In a nutshell, it can be said that the Advocates’ Protection Act enactment has been crying need to safeguard the front liners of establishing Rule of law and Justice.

(The writer is an advocate of the Supreme Court of Bangladesh ).