islamabad, April 05, 2013 (PPI-OT):
Brother Judges of the Supreme Court of Pakistan;
Learned Chief Justice and Judges of Sindh High Court;
President and Office Bearers of the High Court and District Bar Associations, Hyderabad;
Members of the Bar;
Ladies and Gentlemen;
It is a pleasure for me to address the lawyers’ community of Hyderabad and the surrounding areas who have gathered here in large number to participate in the one day Conference on the topic of “Capacity Building of lawyers”. I was very happy when I received the proposal from the office bearers of the Bars that they wanted to hold a workshop for the training and education of lawyers and their capacity building. Nothing is dearer to my heart than the further education of lawyers, in particular, the young lawyers who have a whole future ahead of them.
Even though a one day event, I saw in the brochure of the Conference, containing relevant topics and useful material for the training and orientation of lawyers. Training in improving the drafting skills of lawyers, knowing the technical and procedural niceties in civil and criminal trials and ways and means to enhance the capacity building of lawyers, are undoubtedly useful topics and would help the practicing lawyers to know the art of advocacy, so as to perform their obligations towards clients and become thoroughly professional.
Lawyering is a unique profession in the world and regarded as the most honourable and noble one. It is so because the object is extremely important: And that is to grant remedy to the aggrieved person who has suffered a wrong or injury or has been treated unjustly or his rights and entitlements have been snatched. In civilized societies and law abiding nations, there is no other method of restoring rights and entitlements to the genuine owners but through recourse to courts and following the due process of law. This is the only way to right the wrong and give relief to the aggrieved.
Before proceeding further let me also congratulate the office bearers of the High Court and District Bar Associations of Hyderabad on their election and taking oath a while ago. I should want you to understand and remember the wording and spirit of the oath. This oath bounds you to commit yourself on the path of doing right and remedying the wrong, as provided by the law and the constitution and by following the due process of the law.
The oath taking ceremony of the elected representatives of the legal fraternity is also an occasion of solemn affirmation by them to continue their struggle for the cause of justice, rule of law and the supremacy of the Constitution. After having been elected and having taken oath of office, their role and responsibility radically changes. Their election manifests the trust and confidence that the members of the bar have reposed in them.
They have been chosen to represent their electors on different forums. From now onward and until they continue to occupy the elected offices, they would be required to look after the collective interests of the members of the bar and the legal profession as a whole, in line with their primary obligation to act in aid of the system of administration of justice, to be protectors of the dignity of the Courts and the Judges, and be a part of the endeavours and mechanism for bringing about improvements in it.
I am sure the elected representatives will be discharging their duties and performing their functions with full responsibility, dedication, commitment and sincerity of purpose, they will meet the expectations of their electorate and will not give any cause of complaint whatsoever to them.
The profession of law in any society is highly challenging and requires its practitioners to equip themselves not only with the elementary knowledge of law and the legal process, but also to acquire new legal skills and latest techniques to meet the challenges of the contemporary legal trends, practices and procedures. As such, the legal profession requires continuous study and acquisition of knowledge keeping in view the dynamics of law.
In the modern world, given the big strides in the field of information technology, which has had tremendous effect on the emerging legal trends, Judges and lawyers should not restrict their quest for knowledge only to traditional manual search of law books and journals. Rather they should learn to utilize information technology tools including internet search and through other electronic means.
The up-to-date knowledge of local and international laws will not only broaden their vision, but will also improve the working of courts in a large measure. The knowledge-based and well researched assistance by lawyers to the Judges is a sure guarantee of improving the quality of judgments delivered by the courts. This calls for quality education and continuous learning. The importance of legal education and the role of universities were highlighted by Justice S.A. Rahman Commission in the following words: –
“The sole aim of the universities should not be to turn out legal practitioners. In Europe and America, legal education is recognized as a sociological discipline of the highest order. We need men well versed in law for our judiciary as well as for the Bar, and in the sector of public service, whether in the field of internal administration or in the international sphere, we shall require leaders of opinion who have had a broad based education including a grounding in law. A basic education in law may also be helpful to persons serving in commercial establishments …… Legal studies, consequently, should occupy one of the key-positions in our educational system.”
The senior lawyers and the bar councils and bar associations owe a duty of providing guidance and training to the young lawyers and entrench in them the professional ethics and etiquettes. I am sure all the participants have enormously benefited from the knowledge and experience shared by the learned speakers with them on how to improve the drafting skills of the lawyers, how to build confidence in the lawyers and how to conduct the proceedings in civil and criminal cases. Certainly, the lawyers, who have command on the relevant laws as interpreted by the Superior Courts, are in a better position to plead their cases with success and also assist the courts in the resolution of disputes.
The training of lawyers is beneficial on the one hand for their professional development and on the other caters to the need of qualified judgesbecause the bars serve as the nurseries for the judiciary. Professional trainings are very important for the lawyers to assist the courts in effective and expeditious administration of justice.
It is noticed that most of the law colleges do not devise study programmes with emphasis on the practical application of the provisions of law and the legal theories to actual cases. The members of the bar and the bench are the two proverbial wheels of the chariot of justice, therefore, it is important that all the stakeholders perform their functions to the best of their abilities, which is possible if they are given proper professional training.
The lawyers and the Bar Associations have always played important role for the independence of judiciary and the rule of law. Our legal history reveals that the struggle of lawyers for the rule of law and independence of judiciary had been supported by the bars. Many of the illegal and unconstitutional acts were also challenged through Bar Associations.
The historic lawyers’ movement for independence of judiciary and rule of law in collaboration with the media and the civil society indeed met with an unprecedented success, but that is not all. There are challenges ahead, the biggest being how to ameliorate the sufferings of the litigants and how to improve the system of administration of justice. This calls for a collaborated and a concerned effort of the bar and the bench. I am sure all the stakeholders will be playing their role effectively in the cause of justice.
Ladies and Gentlemen!
Before parting, I would like to congratulate the High Court and District Bar Associations, Hyderabad for arranging the Conference. I should once again emphasize that without according due importance to the professional training it may not be possible to improve the system of administration of justice. Our youth has the potential to rise up and excel.
I am sure the elected representatives of the bar will work for the welfare of the legal fraternity as well as the litigant public and will be leaving behind a legacy of untiring struggle for their cause. I am sure they will meet the challenges and demands of the present time as well as of the future by an attitude of professionalism and by upholding the dignity of this esteemed profession.
Thank you very much.
For more information, contact:
Shahid Hussain Kamboyo
Public Relations Officer
Supreme Court of Pakistan
Tel: +9251 920 4184
Fax: +9251 920 1001