Division and discord have taken place among lawyers and advocates over a new clause to include lawyers in the High Court.
A large section of lawyers feel that the system of taking only viva exams of those with 25 years of experience at the lower court to work at the High Court is not right.
Lawyers opposing this new clause are also carrying out campaigns. The lawyers’ regulatory body, Bangladesh Bar Council, is operated under the Bangladesh Legal Practitioners and Bar Council Order 1972, which has had a recent amendment.
According to previous rule, lawyers with two years-experience at the lower court had to pass a written and viva exam to become a high court lawyer, but the amended rule states that with 25 years of experience at the lower court will waive the requirement of the written test, keeping only the viva.
Supreme-court lawyers, Kumar Debul De, told Bangla Tribune: “The provision for written exam is waived for a judicial officer with ten years- experience, wanting to practice as a lawyer.”
But the clause underlining 25 years for lawyers is biased and ten years- experience at the lower court should have been asked for lawyers to be included in the High Court, said Kumar.
In India, an advocate is permitted to practice till High Court which is allowed till lower court in Bangladesh, he said and added, “This system needs to be changed.”
The government gazette published on Jul 30 last states that any person with a law degree and with 25 years of experience at the lower court will be excused from giving a written test to be included as a High Court lawyer.
Supreme-court lawyer, Hasnat Qaiyum, said, “Before entering lower court, a lawyer has to practice six months; a similar rule of practicing three months prior to entering High Court should have been kept.”
Rabiul Islam, a lawyer, deplores, “Waiving the written test for those with 25 years-experience is a prejudiced system which has to be struck out or similar rules need to be applied for entry into both lower and High Court.”
There’s a lot of contention over the matter and a decision on the issue will be taken next month at the bar council, said advocate Yousuf Hossain, vice-chairman of the Bangladesh Bar Council.