Md. Rayhan Ali

It is natural that the state will ensure the service of its people by establishing the rule of law. The state provides legal services to litigants through the Judiciary. The two wings of a bird of this judicial department are the judge and the Advocate. Judiciary is managed jointly by both. While there is a system of protection for the judges in the judicial department, there is no such system of protection for the other wing i.e. the Advocates. There will always be news in the media that such and such a Advocate is being abused, in the hands of terrorists or law enforcement agencies. The news that the Advocate community will have to listen to it does not know! 

The most important office of the state is the President. Former President Md. Abdul Hamid and the current His Excellency President Md. Many judges, ministers or members of parliament or public representatives, including Sahabuddin Sahib, have become Advocates. So an important branch of the country is controlled by law and judiciary. And one wing of this department is Advocates. Whose outstanding contribution in establishing the rule of law in the country. Advocates present during court proceedings are also court officers. Only judge-advocates use the word learned at the beginning of their names. How respected these Advocates are. Today, the place of such great honor is being insulted step by step by learned lawyers. In many cases, Advocates have to be victims of cases and attacks for some reason or another. In many cases, Advocates are being humiliated, insulted, injured and killed by terrorists. Even at the hands of the law enforcement agencies, they have to be humiliated. Due to the lack of proper evaluation of Advocates, their place of honor is shrinking day by day from elite person in the society. Such incidents are really shameful for the country.

In the beginning of May this year, there was a lot of discussion and criticism in a newspaper and TV channel. The headline of the newspaper was "Police-lawyers fight in Sylhet court premises" and the description of the incident in the newspaper is as follows-' According to eyewitness sources, Shahparan (ret.) at noonSylhet District Bar Association member Kazi Seba Begum wants to see the documents of a case to SI Shamima Khatun of Thana GRO. But Shamima Khatun refused to show the document. Advocate Kazi Seba Begum got into an argument with SI Shamima Khatun and constable Beauty Purkayastha who was by her side. According to the policemen, Bagbitanda at one point slapped advocate Kazi Seva Begum constable Beauty Purkayastha. After that, when Advocate Kazi Seba Begum left the scene and went in front of the District and Sessions Judge Court building, two women policemen including Constable Beauty grabbed her and physically assaulted her. At that time, there was a fight between them. After this incident, the Advocates of the court became agitated. They protested at the courthouse. When the procession went to the balcony of the Deputy Commissioner (Prosecution) office, there was a scuffle with the policemen stationed there. Then the whole court became heatedInformation source: Sylhet view 24.com 02 May, 2024).

Last year too, an incident of harassment of Advocates in Mymensingh broke the hearts of the entire legal community. Thanks to the media, I learned that the Additional Deputy Inspector General (DIG) of Mymensingh range of police, Enamul Kabir, has been accused of beating up a lawyer. On June 15, 2023 at noon at the office of Mymensingh District Advocates Association, this complaint was made by the lawyers association in a press conference. Moazzem Hossain, President of the District Advocates Association, read the written statement at the press conference. In a written statement, he demanded the dismissal of Additional Inspector General Enamul Kabir within 24 hours.

In the written statement of the press conference, it is said that Ashikur Rahman, a member of the Mymensingh District Bar Association, went to the room of Additional DIG Enamul Kabir last Wednesday afternoon to hear a family complaint. At one stage of the hearing, Additional DIG Enamul Kabir slapped Ashiqur Rahman and later beat him severely with a rod. In view of this incident, an emergency general meeting was held today at one o'clock in the District Bar Association. The meeting condemned the incident and demanded the dismissal of the Additional DIG.

Advocates have been subjected to many insults in the past. Those incidents also surprised the legal community. There are many more such incidents, another incident happened in 2021. Patuakhali District Bar Association secretary was assaulted by the then police administration. In a circular signed by the president and general secretary of the Patuakhali District Bar Association, they strongly condemned and protested the incident and demanded a fair investigation.

On February 8, 2021, Supreme Court Advocate Farhad Uddin Ahmed Bhuiyan filed a writ in the High Court seeking guidance on the formulation of the Advocates' Protection Act. Stating that the constitutional and fundamental rights of lawyers are being violated due to the lack of Advocates Protection Act, Advocate Farhad Uddin Ahmed Bhuiyan, who filed the writ, said that more than 67 Advocates have been killed, tortured, assaulted and kidnapped in the country in the last few years. This number can be more. Advocates have to handle and hear various sensational and sensitive cases risking their lives. As a result, they became insecure after leaving the court. At various times they were tortured by the adversaries or by the terrorists who had framed them.

The writ petition sought directions to take immediate legal action and necessary action in case of attack, case or attack on any Advocate. It has also sought directions to establish an independent inquiry committee or commission comprising judicial officers, senior advocates of the Supreme Court and elected representatives of the Bar Council. In the writ, the committee or commission has been asked to give the power of investigation if the Advocates are harassed.

Advocates play a very important role in the legal world of the country. Plays a role in providing legal services or assistance to people. Assists the Court in its judicial work in correct interpretation of the law. Innocent persons who are subjected to undue harassment are provided with legal assistance in legal proceedings. In order to secure the punishment of a criminal under the constitutional obligation, provision has been made for the appointment of Advocates for the execution of judicial proceedings. If a Advocate handles the case on behalf of a criminal, the other party has an evil eye or a violent attitude towards that Advocate. As a result, in many cases lawyers are attacked by opponents. Incidents like lawsuits, assaults or injuries and deaths occur while doing constitutional activities, assisting the state in judicial proceedings. Advocates are known as the mirror of society! And such important people of the society and the state are suffering from insecurity today. These Advocates are being subjected to various forms of harassment due to lack of proper protection. Since there are many Advocates in many important responsibilities of the state.

Therefore, it is their responsibility to ensure the protection of Advocates. In this regard, the Bar Council, the regulatory body of Advocates, should be the first to come forward, and with the support of the concerned parties, it is possible to pass the Advocates Protection Act. Legislation of Advocate protection has become an important demand of the hour.

The writer is a, Advocate and Columnist, Judge Court, Khulna.