01-29-2007, 05:45 PM
Syed Ali through DAWN 15 January 2007 expressed his concern over the present state of legal education. On the background of some recent comments from the Supreme Court on the poor quality of legal education (January 11, 2007) he suggests that first there should be introduced a pre entry aptitude test, present easy old questions system be finished and instead more radical approach including legal drafting be introduced.
The standard of legal education in Pakistan had always been a question. In 1960s and 1970s whoever could do nothing got admission in law. The Karachi played a pivotal role in deteriorating the standard. Karachi introduced evening LL.B classes. There were no morning classes then. It made it too easy for employed people to get themselves admitted in LL.B never to attend the classes. There was though in the books an attendance system but it was never practiced. In Punjab and NWFP these two âfacilitiesâ were not available. As such people from all over Punjab and NWFP through their relatives submitted their admission forms, paid monthly fees and they only came to Karachi to sit in Examination. Everyoneâs attendance at 90% - 95% was verified by the college. The third facility in Karachi was âopen copyingâ. This fact was known to every one.
I do remember the day of our LLB examination in 1973-75, I was taking my examination in S.M. Science College. The examination room was an auditorium like. That day the paper included a 25 marks portion relating to verses from the Holy Quran concerning Muslim Family laws. The University had then only recently prescribed the Arabic text and its translation in the course. Half through the paper the Controller of Examination came on a surprise check. If my memories are not misguiding me, his name was Mr. Nassar or Mr. Nisar. He came into the room and straightaway climbing up the auditorium stairs stopped near a student on top back benches. He asked a student to come out of his desk. It appeared as if the Controller had seen something from outside the window. The student stood up but hesitated in coming out and enquired what was the matter. The The Controller genteelly pulled him outside the desk and then kneeling down picked up some rolled papers from the floor which were under the shoes of the student concerned which was why he was hesitant in coming out. The Controller unfolded the picked up papers, saw the contents and very politely returned the papers back to the student saying âson, I cannot say you anythingâ and went away. The papers were tear sheets from the Guide having Quranic verses.
Last week a channel was asking live questions to two senior advocates of Rawalpindi on the topic of delays in courts. The channel repeatedly stressed on its question if the advocates themselves have any role in these delays but both the two deliberately ignored it and kept on narrating judges shortage, police inability etc as the reasons. They failed to mention a hard fact that the advocates were the main reason for delays in courts. Each advocate in his daily schedule has 20 to 30 cases at an average in different distant courts despite knowing he can hardly attend to 5-7 cases judiciously. About 5 years back when the Pakistan Law Commission seeked public proposals re any changes in the Laws, an elder family friend addressed the Commission attaching therewith a printed Vakalatnama in which a litigant after paying full fee to his advocate signs a clause declaring that in case his case was decided ex-parte due to absence of his own lawyer, he will not hold his paid advocate responsible. In a civilized society where there existed any remotest intent for protection of public interest the authorities would had jumped on receipt of such a Vakalatnam but nothing happened in our case. Not even a line of thanks came to this elder conscientious citizen except that in these 5 years when twice he enquired the only response was the matter was under consideration. 5 long years and still!! My this family friend had quoted that different sorts of blank pre printed vakalatnamas were available on stationary shops which only mention the litigantâs obligations including his timely and advance paying but what advocate is to do in return such vakalatnamas remain silent.
Issuing law degrees say in Karachi to those who remained resident in Lahore or Peshawar during supposedly the study days, can only produce advocates who can only charge fees without any service. There was a general saying in 1970s and 1980s that if a stone is thrown from the roof top of Qamar House, it will definitely fell on an advocate. This was a reference to ever growing number of advocates. If one has no guts and wishes easy money a licence to practice law is a lience for it. No one is interested in quality of education may it be law, medical or what else. 90% of our todayâs law graduates cannot write even a leave application let alone legal petitions. Modernization of education, introduction of Pandit Raim Chand in school books, abolition of Quranic verses, re-writing correct history etc all are just talk to even destroy the remaining education. Another tool for the last 10-15 years towards this march is the education in mother tounge. So called intellectuals like Hanif Ramays after giving education to their children and grands in American schools and in American language, today write Punjab ka Maqdima diagnosing peoples backwardness due to ignoraning the mother language in schools.
The standard of legal education in Pakistan had always been a question. In 1960s and 1970s whoever could do nothing got admission in law. The Karachi played a pivotal role in deteriorating the standard. Karachi introduced evening LL.B classes. There were no morning classes then. It made it too easy for employed people to get themselves admitted in LL.B never to attend the classes. There was though in the books an attendance system but it was never practiced. In Punjab and NWFP these two âfacilitiesâ were not available. As such people from all over Punjab and NWFP through their relatives submitted their admission forms, paid monthly fees and they only came to Karachi to sit in Examination. Everyoneâs attendance at 90% - 95% was verified by the college. The third facility in Karachi was âopen copyingâ. This fact was known to every one.
I do remember the day of our LLB examination in 1973-75, I was taking my examination in S.M. Science College. The examination room was an auditorium like. That day the paper included a 25 marks portion relating to verses from the Holy Quran concerning Muslim Family laws. The University had then only recently prescribed the Arabic text and its translation in the course. Half through the paper the Controller of Examination came on a surprise check. If my memories are not misguiding me, his name was Mr. Nassar or Mr. Nisar. He came into the room and straightaway climbing up the auditorium stairs stopped near a student on top back benches. He asked a student to come out of his desk. It appeared as if the Controller had seen something from outside the window. The student stood up but hesitated in coming out and enquired what was the matter. The The Controller genteelly pulled him outside the desk and then kneeling down picked up some rolled papers from the floor which were under the shoes of the student concerned which was why he was hesitant in coming out. The Controller unfolded the picked up papers, saw the contents and very politely returned the papers back to the student saying âson, I cannot say you anythingâ and went away. The papers were tear sheets from the Guide having Quranic verses.
Last week a channel was asking live questions to two senior advocates of Rawalpindi on the topic of delays in courts. The channel repeatedly stressed on its question if the advocates themselves have any role in these delays but both the two deliberately ignored it and kept on narrating judges shortage, police inability etc as the reasons. They failed to mention a hard fact that the advocates were the main reason for delays in courts. Each advocate in his daily schedule has 20 to 30 cases at an average in different distant courts despite knowing he can hardly attend to 5-7 cases judiciously. About 5 years back when the Pakistan Law Commission seeked public proposals re any changes in the Laws, an elder family friend addressed the Commission attaching therewith a printed Vakalatnama in which a litigant after paying full fee to his advocate signs a clause declaring that in case his case was decided ex-parte due to absence of his own lawyer, he will not hold his paid advocate responsible. In a civilized society where there existed any remotest intent for protection of public interest the authorities would had jumped on receipt of such a Vakalatnam but nothing happened in our case. Not even a line of thanks came to this elder conscientious citizen except that in these 5 years when twice he enquired the only response was the matter was under consideration. 5 long years and still!! My this family friend had quoted that different sorts of blank pre printed vakalatnamas were available on stationary shops which only mention the litigantâs obligations including his timely and advance paying but what advocate is to do in return such vakalatnamas remain silent.
Issuing law degrees say in Karachi to those who remained resident in Lahore or Peshawar during supposedly the study days, can only produce advocates who can only charge fees without any service. There was a general saying in 1970s and 1980s that if a stone is thrown from the roof top of Qamar House, it will definitely fell on an advocate. This was a reference to ever growing number of advocates. If one has no guts and wishes easy money a licence to practice law is a lience for it. No one is interested in quality of education may it be law, medical or what else. 90% of our todayâs law graduates cannot write even a leave application let alone legal petitions. Modernization of education, introduction of Pandit Raim Chand in school books, abolition of Quranic verses, re-writing correct history etc all are just talk to even destroy the remaining education. Another tool for the last 10-15 years towards this march is the education in mother tounge. So called intellectuals like Hanif Ramays after giving education to their children and grands in American schools and in American language, today write Punjab ka Maqdima diagnosing peoples backwardness due to ignoraning the mother language in schools.