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In the Corona situation, people’s daily lives came to a halt. The most miserable of them are the practicing lawyers. As the court proceedings were not carried out in a normal environment and there was no opportunity to earn an income in an alternative profession, the lawyers in training who passed the MCQ in 2016 and 2020 demanded to be declared their lawyers by publishing a direct newsletter. Their claims have been met with controversy and criticism for the failure of the Bar Association.
Those who have passed the MCQ (perpetual), written and vaiba exams are included as attorneys. In the past, sometimes it just went up, sometimes in writing and it went up and now students have to go through those three steps. But as the number of attorneys continues to grow by the day, the Bar has strategically conducted two exams a year until 2011, but currently only conducts one exam every two to three years. Although she took the test again, she is spending one and a half to two years completing all her activities. As a result, students are frustrated as a result of the lengthy suspension process. At the same time, the legal profession is losing its nobility. Furthermore, with the onset of the Corona epidemic, the dream of low-income students to become lawyers became uncertain.
Trainee attorney Rashed Sikder said: “We MCQ graduates have been compelled by the Crown to raise the Gazette demand directly and have been protesting for over 60 days. But the Bangladesh Bar Association is adamant in publishing a direct bulletin on the pretext of not having a legal opportunity. They can amend the law if they want. During the Coronation period, they made interest-free loans to lawyers. But we have spent our days in utter poverty and dependency.
According to a Bar Association source, the Bar Association examines the registration committee. A judge from the Appeals Division presides, along with two other judges, the Attorney General and the Vice President of the Bar Council. Despite the fact that the Bar Association is an autonomous body, they have been reluctant to publish direct bulletins canceling other exams of their own free will or under pressure from the student movement. However, if the justice minister takes the initiative, the registration committee will take the initiative to amend the law to cancel the exam, the source said.
Severity of corona infection:
Awami League President and Prime Minister Sheikh Hasina has expressed her fear that the second wave of coronavirus could hit. She also ordered the leaders and workers to be vigilant and ready to face the situation. The Prime Minister gave the directive at a meeting of the Awami League presidium held in Ganobhaban on September 18.
Golam Shahriar, a private bank official who is the tutor of a trainee lawyer, told the Bengali Tribune: “How does the Bar Council want to take exams for 13,000 students, ignoring the Prime Minister’s fears about Corona?” Of these students, those who are infected with corona will also infect others. Thousands of families could be re-infected with corona by them.
Meanwhile, agitated students complained that the arbitrariness of the Bar Association was solely responsible for the confusion created by lawyers-in-training who did not take periodic examinations every year. They want to implement the suicidal decision by meeting in Dhaka from all over the country in our crown situation. Will the Bar Association take responsibility if any of the students are recently attacked when it comes to taking the exam?
According to the Bar Association, two members of the enrollment committee, including the attorney general, are receiving treatment for coronary heart disease.
Fear of change in written test book:
A high-ranking judicial magistrate told the Bengali Tribune about his tragic experience with the written test of the Bar Association lawyers. The former student, who earned a first-class LLM (Master’s degree) from Dhaka University, said that prior to 2013, he was required to have a license (lawyer) from the Bar Association to become an assistant judge (through the examination of the judicial service). But he failed the written test conducted in 2012 and was deprived of the judiciary. In that year, a total of 36 public university students failed the written test. After that, 26 students were students of the law department of Dhaka University. Although those 27 students were able to pass a difficult test like the judicial one, they failed the written test.
In addition, he said: “We have heard before that interested persons from the Bar Association exchanged the written exam book in exchange for a large sum of money.” But as a student I didn’t believe it. So, after the victims themselves, we, the 27 students, request a revision of the exam book written in 2012. That has not been settled to date.
Attorney Yusuf Hossain Humayun, vice president of the Bar Association and a member of the enrollment committee, called the allegations “windy allegations” rather than the written test that has been filed against the council for many years. He told the Bengali Tribune that these were all false accusations. No one has been able to provide us with adequate evidence.
Spending over six months looking at the test book:
Previously, lawyers displayed written test books. But during the tenure of former Chief Justice Surendra Kumar Sinha, the Law of the Bar Association was amended and the task of examining the written exam book was entrusted to the High Court judges.
But the number of judges in the Superior Court is less than the number of cases, so in some cases it takes years to write the verdict. However, some Supreme Court lawyers, who did not want to be named, said it was “additional pressure” on the judges to guard the books of thousands of lawyers-in-training.
When reviewing the examination date of the Bar Association held in 2016, it has been seen that the first stage of inclusion of lawyers, that is, the preliminary examination was carried out on July 21, 2016. Approximately 34,389 students participated in the test . From there, 11,748 candidates passed the written test. Subsequently, on October 14, 2016, they participated in the written test. Approximately 9 months later, on June 4, 2016, the results of the written test were published. 6,130 candidates passed the exam. Those who pass the written test participate in the oral test (vaiba). Of the 8,130 candidates who passed the written test, 8,732 passed the oral test and the results were published by the Bar Association on December 23, 2016.
Law Minister Anisul Haque told the Bengali Tribune that she would discuss the matter with the judges to reduce the additional pressure of showing the exam books. What is easy for everyone will be prioritized.
Fear of being left out of the siblings considering age
The enrollment test was conducted in 2017. Two students complained to the Bengali Tribune that their names were omitted from the exam, saying that despite instructions from the Appeals Division, the Bar Association had not set any limits for age so they could become lawyers. Even then, the Vaiba board told us, ‘How will you practice law at this age? Those of you who have reached a significant age in life have nothing to give in the legal profession, ‘etc.
The two students also said that the Bar Association will not determine the age, nor will it conduct examinations each calendar year following the instructions of the Appeals Division. As a result, the age of the students increases from test to test. Therefore, for fear of being left out of that fear, considering Corona’s situation this time, MCQ passers-by have directly demanded the publication of the bulletin.
Lawyer Yusuf Hossain Humayun said that, considering the general situation, the demand to deliver the Gazette directly to MCQ graduates as lawyers will not be accepted. “We will have a meeting of the registration committee tomorrow Sunday (September 20), considering the situation,” he said. The test will not be canceled. However, if the test is to be postponed, it will be discussed at the meeting.
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