Friday, August 18, 2017 EDITORIAL

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 EDITORIAL 
AWAMI  LEAGUE  IS  IRRITATED
Chief Justice Sinha welcomes criticism on verdict
Notwithstanding the universally recognised practice that government’s three organs—- legislature, executive and judiciary—- have distinct functions that are most effectively safeguarded through separation of powers, which proviso limits the possibility of arbitrary excesses by government, nevertheless a detrimental discord has surfaced over the landmark judgment of the apex court.
Never before any Supreme Court verdict saw so much overexcited unbridled reaction and incensed hullabaloo overstepping the limits of courtesy. Another alarming element was added by the law minister in his remark on the verdict that it was “driven by hatred.” A somewhat identical attack, which is tantamount to contempt of court, on the Supreme Court verdict was made by a former chief justice. One of the authors of our Constitution, Dr Kamal Hossain does not see any comments that need to be erased from the Appellate Division verdict on the 16th constitutional amendment.
The Supreme Court’s remarkable verdict upholding the High Court ruling—that declared the 16th Amendment to the Constitution passed by the Parliament unconstitutional and illegal—deserves approbation and applause because it is a sanguine move for judicial independence and democracy as it will provide a bulwark against infringement of the Constitution.
True, in many countries the parliament is empowered to impeach an apex court judge, but it must not be forgotten that in those countries there is no Article 70 hanging as the Damocle’s sword over the heads of MPs—this Article prevents MPs from voting freely. This judgment is definitely a legal and moral defeat of the ruling Awami League government. The 16th Amendment to the Constitution empowered the parliament to impeach any apex court judge for perceived or fabricated incapacity or misconduct.
“Salus republicae est suprema lex” means safety of the republic is the supreme law. The Appellate Division did not make the Caretaker Government (CG) illegal for the 10th and 11th general elections considering public and national interests. Contrary to this Sheikh Hasina’s irrational will prevailed—the consequence of which was prolonged turmoil and bloodshed in which hundreds of lives were lost.
An overwhelming majority of the people became frustrated and perplexed following controversy over the former CJ Justice Khairul Haque, who as a Functus Officio, completed his verdict on the CG litigation 16 months after his retirement. At that time the Appellate Division listened to 8 distinguished lawyers as Amicus Curie, 7 of whom opined in favour of the caretaker system. A part of his short order on Caretaker Government could definitely be beneficial for the nation if obeyed by the AL government, as the learned CJ had suggested that TWO more general elections be held under CG.
Despite opposition of two former Chief Justices (CJs) and senior jurists four years ago to the move to restore the Jatiya Sangsad’s (or parliament’s) power to impeach apex court judges by rescinding the current Supreme Judicial Council (SJC) system at a meeting of the parliamentary body for constitutional amendment on April 24, 2011, the Cabinet in its meeting with Prime Minister Sheikh Hasina in the chair on 18 August 2014 approved the proposal on amending the Constitution to reinstate parliament’s authority to impeach Supreme Court (SC) judges on grounds of misconduct or incapacity.
Unquestionably, the judiciary must be able to deliver judgment at liberty, absolutely freely and transparently without favour or discrimination to protect and uphold constitutional rights of the citizens irrespective of their political, religious or ethnic persuasion. Considering the political realities obtaining in Bangladesh whose body politic is sharply divided into two distinctly divergent groups; a rubber stamp parliament where a lawmaker’s hands are tied as Article 70 of the Constitution debars him/her from voting independently in Parliament against the political party which nominated him/her as a candidate before election—and with de jure authority but little de facto power—the proposed law hang over the heads of SC judges like a sword of Damocles (an ever-present threat of an impending disaster). This is because if the judgment/s in court cases rule/s the government as guilty the judge concerned shall—in all probability—be hard-pressed, harassed or impeached by the JS or government.
As regards retired CJ’s statement if it is a “judges’ republic”, an overwhelming majority, probably 80 per cent, of the people became frustrated and perplexed following the controversy over the former CJ Justice Khairul Haque, who as a Functus Officio, completed his post-retirement verdict on the CG litigation 16 months later after his retirement.” The Appellate Division listened to 8 distinguished lawyers as Amicus Curie, 7 of whom opined in favour of the caretaker system. A part of his short order on Caretaker Government could definitely be beneficial for the nation if obeyed by the AL government, as the learned CJ had suggested that TWO more general elections be held under CG. But in the full verdict this part of his ruling was surprisingly changed.
An irritated food minister Qamrul Islam on August 10, 2017 demanded removal of the Chief Justice Surendra Kumar Sinha, reported Bangla daily Prothom Alo. Meanwhile pro-AL lawyers announced protest over 16th amendment verdict for three days, while the CJ asked lawyers to refrain from doing politics with the verdict.
Differing with the judgment of a court through constructive criticism is acceptable, which has been elucidated by the Chief Justice, but calling into question the integrity of the judges and the Supreme Court is undignified. A few ministers even went to the extent of using impolite and disrespectful words directed at the apex court. People expected the Prime Minister to intervene and reprimand them and ask them to learn decorum; but that has not happened.

Comment

Notwithstanding the universally recognised practice that government’s three organs—- legislature, executive and judiciary—- have distinct functions that are most effectively safeguarded through separation of powers, which proviso limits the possibility of arbitrary excesses by government, nevertheless a detrimental discord has surfaced over the landmark judgment of the apex court.
Never before any Supreme Court verdict saw so much overexcited unbridled reaction and incensed hullabaloo overstepping the limits of courtesy. Another alarming element was added by the law minister in his remark on the verdict that it was “driven by hatred.” A somewhat identical attack, which is tantamount to contempt of court, on the Supreme Court verdict was made by a former chief justice. One of the authors of our Constitution, Dr Kamal Hossain does not see any comments that need to be erased from the Appellate Division verdict on the 16th constitutional amendment.
The Supreme Court’s remarkable verdict upholding the High Court ruling—that declared the 16th Amendment to the Constitution passed by the Parliament unconstitutional and illegal—deserves approbation and applause because it is a sanguine move for judicial independence and democracy as it will provide a bulwark against infringement of the Constitution.
True, in many countries the parliament is empowered to impeach an apex court judge, but it must not be forgotten that in those countries there is no Article 70 hanging as the Damocle’s sword over the heads of MPs—this Article prevents MPs from voting freely. This judgment is definitely a legal and moral defeat of the ruling Awami League government. The 16th Amendment to the Constitution empowered the parliament to impeach any apex court judge for perceived or fabricated incapacity or misconduct.
“Salus republicae est suprema lex” means safety of the republic is the supreme law. The Appellate Division did not make the Caretaker Government (CG) illegal for the 10th and 11th general elections considering public and national interests. Contrary to this Sheikh Hasina’s irrational will prevailed—the consequence of which was prolonged turmoil and bloodshed in which hundreds of lives were lost.
An overwhelming majority of the people became frustrated and perplexed following controversy over the former CJ Justice Khairul Haque, who as a Functus Officio, completed his verdict on the CG litigation 16 months after his retirement. At that time the Appellate Division listened to 8 distinguished lawyers as Amicus Curie, 7 of whom opined in favour of the caretaker system. A part of his short order on Caretaker Government could definitely be beneficial for the nation if obeyed by the AL government, as the learned CJ had suggested that TWO more general elections be held under CG.
Despite opposition of two former Chief Justices (CJs) and senior jurists four years ago to the move to restore the Jatiya Sangsad’s (or parliament’s) power to impeach apex court judges by rescinding the current Supreme Judicial Council (SJC) system at a meeting of the parliamentary body for constitutional amendment on April 24, 2011, the Cabinet in its meeting with Prime Minister Sheikh Hasina in the chair on 18 August 2014 approved the proposal on amending the Constitution to reinstate parliament’s authority to impeach Supreme Court (SC) judges on grounds of misconduct or incapacity.
Unquestionably, the judiciary must be able to deliver judgment at liberty, absolutely freely and transparently without favour or discrimination to protect and uphold constitutional rights of the citizens irrespective of their political, religious or ethnic persuasion. Considering the political realities obtaining in Bangladesh whose body politic is sharply divided into two distinctly divergent groups; a rubber stamp parliament where a lawmaker’s hands are tied as Article 70 of the Constitution debars him/her from voting independently in Parliament against the political party which nominated him/her as a candidate before election—and with de jure authority but little de facto power—the proposed law hang over the heads of SC judges like a sword of Damocles (an ever-present threat of an impending disaster). This is because if the judgment/s in court cases rule/s the government as guilty the judge concerned shall—in all probability—be hard-pressed, harassed or impeached by the JS or government.
As regards retired CJ’s statement if it is a “judges’ republic”, an overwhelming majority, probably 80 per cent, of the people became frustrated and perplexed following the controversy over the former CJ Justice Khairul Haque, who as a Functus Officio, completed his post-retirement verdict on the CG litigation 16 months later after his retirement.” The Appellate Division listened to 8 distinguished lawyers as Amicus Curie, 7 of whom opined in favour of the caretaker system. A part of his short order on Caretaker Government could definitely be beneficial for the nation if obeyed by the AL government, as the learned CJ had suggested that TWO more general elections be held under CG. But in the full verdict this part of his ruling was surprisingly changed.
An irritated food minister Qamrul Islam on August 10, 2017 demanded removal of the Chief Justice Surendra Kumar Sinha, reported Bangla daily Prothom Alo. Meanwhile pro-AL lawyers announced protest over 16th amendment verdict for three days, while the CJ asked lawyers to refrain from doing politics with the verdict.
Differing with the judgment of a court through constructive criticism is acceptable, which has been elucidated by the Chief Justice, but calling into question the integrity of the judges and the Supreme Court is undignified. A few ministers even went to the extent of using impolite and disrespectful words directed at the apex court. People expected the Prime Minister to intervene and reprimand them and ask them to learn decorum; but that has not happened.

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Widespread lawlessness should be reined in

Iqbal Hossain
 
The Law and Order situation in the country has deteriorated to its abysmal level. Endless corruption, illegal toll collections, widespread incidents of rape, drug-addiction, all types of crime, mayhem and murders have continued to increase while the law enforcement agencies have utterly failed to control such activities.  Daily newspapers are awash with these stories while the government of the day appears to remain as mute a spectator as ever.
The Anti-corruption Commission (ACC) has apparently taking some actions against those involved in corruption but there is hardly any visible impact. The ACC is learnt have received as many as 95 thousand complaints from different quarters on corruption against individuals and agencies. Some people have been arrested in the last one and half years but not many seem to have been punished.
 
Corruption galore
Newspaper stories say large quantities of wheat and rich have disappeared from different government warehouses. News items have complained that food and other commodities meant for relief operations have ended up in private warehouses of some businessmen. While ministers and officials of concerned departments have made public statements about stern actions against the offenders and that is the end of it. No follow up actions have since been reported; neither the corrupt officials or businessmen been taken to task.
Only last Sunday (13 August), a report said that 68 tonnes of steel products went missing from the Chittagong Port costing the berth operator Taka 22 lakh as fine. Similarly, local power company energypac imported 700 tonnes of pre-engineered steel products worth Tk 3.4 crore from China for making sheds at Rooppur Nuclear Power Plant also went missing from the port.
This missing consignment forms part of a list of growing complaints against the Chittagong Port authorities through which over 80 percent of the country’s foreign trade is handled.
Contractors have been found to be using bamboos instead of rods in the government-financed construction works in the schools and other places but they get away with it because they are closely linked to the local ruling party leaders. Thousands of crores of taka worth of bank deposits have been laundered by the influential businessmen and industrialists in Dhaka in connivance with bank officials but the perpetrators have escaped proper punishment because of their close connections with the high and mighty in the power that be.
Likewise, illegal subscription collections are going on in the capital city and everywhere in the country under the guidance of powerful ruling party leaders. Law enforces can’t do anything because they are also kept in the loop. It is also alleged that the members of the Chattra League and Jubo League are involved in these acts. As mentioned, since law enforcers can’t beat them, so they too join them.
 
Drugs and its impact
The numbers of rape victims in the country are rising through the sky; even little girls are not spared. It is the same story everywhere –perpetrators are connected to the influential people and are getting away with such crimes. Police don’t dare to touch them.
All these and many other incidents have been reported in the newspapers and all agree that perhaps larger number of such heinous criminal incidents remains unreported in the media.
According to the report of the Mohila Parisad, 686 children and women have been raped in the last 7 month of the year and 36 more of such crime took place only in the first 5 days of August.
Drug-addiction has increased in the country beyond anybody’s imagination. Today the teenagers and young people belonging to relatively well off families are taking to drugs and in the process destroying themselves and the society. The number of drug takers is very high and the easy availability of drugs such as yaba tablets, heroin, phensydil etc all over the country is helping the quick spread of drug addiction. Concerned government agencies know how extensive the rate of drug prevalence in the country and how quickly it has spread amongst the younger people.
The experts say, the incidence of such drug addiction is seemingly leading to the rise of sex-related crimes in the urban areas. These drugs are said to be sex stimulating too. Drugs are coming from foreign countries illegally – mostly from India and Myanmar. Hundreds of thousands pieces of yaba tablets and phesydil bottles are entering Bangladesh every day in an organized manner.
From time to time, newspapers report that law enforces have recovered thousands of pieces of yaba tablets and other items from smugglers, or its couriers in the country. It is quite clear that the discovery of gold smuggling in the Dhaka airport, only one in hundreds of such smuggling cases is detected. Similarly only a few cases of drug shipments are intercepted by the law enforcers and this means much larger quantity of smuggled drugs elude them.
 
The linchpins remain undetected
This brings one to the question that how a huge operation for marketing such large quantity of drugs are possible in the country without the knowledge of the concerned agencies? Such an operation cannot be conducted by a handful of smugglers and their foot soldiers – drug peddlers. It takes a large number of people – in fact thousands of them – to be involved in such large scale operations and logically therefore, it has to be visible in some way or other to the concerned agencies.
Powerful government agencies like directorate of Drugs and Narcotic Control and multiple other related agencies, whose jobs are to detect smuggling and drug marketing, have seemingly not been able to do their job properly. After all, the smugglers and their operations, however powerful they may be, simply cannot function without the knowledge these agencies for years and decades.
While some smalltime drug peddlers and gold carriers have been nabbed by the law enforces from time to time and were duly published in the media, but the real big wigs of the operations remained undetected. One can, therefore, genuinely ask, how can they remain undetected for such a long time unless they enjoy backing from the higher ups.
 
Iqbal Hossain is a retired senior government official

Comment

Iqbal Hossain
 
The Law and Order situation in the country has deteriorated to its abysmal level. Endless corruption, illegal toll collections, widespread incidents of rape, drug-addiction, all types of crime, mayhem and murders have continued to increase while the law enforcement agencies have utterly failed to control such activities.  Daily newspapers are awash with these stories while the government of the day appears to remain as mute a spectator as ever.
The Anti-corruption Commission (ACC) has apparently taking some actions against those involved in corruption but there is hardly any visible impact. The ACC is learnt have received as many as 95 thousand complaints from different quarters on corruption against individuals and agencies. Some people have been arrested in the last one and half years but not many seem to have been punished.
 
Corruption galore
Newspaper stories say large quantities of wheat and rich have disappeared from different government warehouses. News items have complained that food and other commodities meant for relief operations have ended up in private warehouses of some businessmen. While ministers and officials of concerned departments have made public statements about stern actions against the offenders and that is the end of it. No follow up actions have since been reported; neither the corrupt officials or businessmen been taken to task.
Only last Sunday (13 August), a report said that 68 tonnes of steel products went missing from the Chittagong Port costing the berth operator Taka 22 lakh as fine. Similarly, local power company energypac imported 700 tonnes of pre-engineered steel products worth Tk 3.4 crore from China for making sheds at Rooppur Nuclear Power Plant also went missing from the port.
This missing consignment forms part of a list of growing complaints against the Chittagong Port authorities through which over 80 percent of the country’s foreign trade is handled.
Contractors have been found to be using bamboos instead of rods in the government-financed construction works in the schools and other places but they get away with it because they are closely linked to the local ruling party leaders. Thousands of crores of taka worth of bank deposits have been laundered by the influential businessmen and industrialists in Dhaka in connivance with bank officials but the perpetrators have escaped proper punishment because of their close connections with the high and mighty in the power that be.
Likewise, illegal subscription collections are going on in the capital city and everywhere in the country under the guidance of powerful ruling party leaders. Law enforces can’t do anything because they are also kept in the loop. It is also alleged that the members of the Chattra League and Jubo League are involved in these acts. As mentioned, since law enforcers can’t beat them, so they too join them.
 
Drugs and its impact
The numbers of rape victims in the country are rising through the sky; even little girls are not spared. It is the same story everywhere –perpetrators are connected to the influential people and are getting away with such crimes. Police don’t dare to touch them.
All these and many other incidents have been reported in the newspapers and all agree that perhaps larger number of such heinous criminal incidents remains unreported in the media.
According to the report of the Mohila Parisad, 686 children and women have been raped in the last 7 month of the year and 36 more of such crime took place only in the first 5 days of August.
Drug-addiction has increased in the country beyond anybody’s imagination. Today the teenagers and young people belonging to relatively well off families are taking to drugs and in the process destroying themselves and the society. The number of drug takers is very high and the easy availability of drugs such as yaba tablets, heroin, phensydil etc all over the country is helping the quick spread of drug addiction. Concerned government agencies know how extensive the rate of drug prevalence in the country and how quickly it has spread amongst the younger people.
The experts say, the incidence of such drug addiction is seemingly leading to the rise of sex-related crimes in the urban areas. These drugs are said to be sex stimulating too. Drugs are coming from foreign countries illegally – mostly from India and Myanmar. Hundreds of thousands pieces of yaba tablets and phesydil bottles are entering Bangladesh every day in an organized manner.
From time to time, newspapers report that law enforces have recovered thousands of pieces of yaba tablets and other items from smugglers, or its couriers in the country. It is quite clear that the discovery of gold smuggling in the Dhaka airport, only one in hundreds of such smuggling cases is detected. Similarly only a few cases of drug shipments are intercepted by the law enforcers and this means much larger quantity of smuggled drugs elude them.
 
The linchpins remain undetected
This brings one to the question that how a huge operation for marketing such large quantity of drugs are possible in the country without the knowledge of the concerned agencies? Such an operation cannot be conducted by a handful of smugglers and their foot soldiers – drug peddlers. It takes a large number of people – in fact thousands of them – to be involved in such large scale operations and logically therefore, it has to be visible in some way or other to the concerned agencies.
Powerful government agencies like directorate of Drugs and Narcotic Control and multiple other related agencies, whose jobs are to detect smuggling and drug marketing, have seemingly not been able to do their job properly. After all, the smugglers and their operations, however powerful they may be, simply cannot function without the knowledge these agencies for years and decades.
While some smalltime drug peddlers and gold carriers have been nabbed by the law enforces from time to time and were duly published in the media, but the real big wigs of the operations remained undetected. One can, therefore, genuinely ask, how can they remain undetected for such a long time unless they enjoy backing from the higher ups.
 
Iqbal Hossain is a retired senior government official

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 VIEW POINT 

Bar Council exams: The new dynamics of studying law

Saquib Rahman and Himaloya Saha
 
Upon completion of our Master of Laws (LL.M.) degree from the United Kingdom, we submitted our applications at the Bangladesh Bar Council to permit us for appearing before an interview at the Dhaka Bar (our chosen destination to practice law), as we completed our LL.M. abroad, we failed to face the interview within the required 6 months after being enrolled as Advocates.
If we recall correctly, it took about a year for the Bangladesh Bar Council to respond to our requests. Had we not chosen a profession in academia, earning bread during the span of time mentioned, it would not have been possible for us to survive. Continuously pushing the friendly  employees of the Bar Council for about one year wasn’t the easiest task, however, service of this autonomous body is not what we intend to discuss in this piece.
Readers who are not lawyers or law students, must have definitely heard of the Bangladesh Bar Council, with reference to their building being surrounded by agitated law students of private universities, or through the expressions of misery from acquaintances who are potential law candidates, for their educational institutions not being recognized by the Bangladesh Bar Council (hence, risking their eligibility to become lawyers). The Bangladesh Bar Council however, has lately not been the best known for holding the advocacy examinations in time.
That being said, preliminary MCQ examination (which is to be followed by a written and a viva voce for those who would pass) has been held after one and half years on July 21. After much tension arising between the Bangladesh Bar Council and universities that have law departments/ schools in Bangladesh, the much awaited exam was finally held with a pass rate of around 25% (the total number is expected to be less than half of that, after viva).
Failing to abide by the usual norms of Bar exams being held twice a year meant that, the number of candidates only kept rising in the past few years because of the irregularity on the Bar Council’s part.  Therefore, the Bar Council undoubtedly experienced the largest crowd of examinees in the country’s history last month.
Once law used to be known as the royal profession, but it has in the course of last few decades become known as the last resort of the students who could not excel elsewhere. While the increasing interest of better schooled students to pursue law as a profession is a good news, the Bar Council’s way of screening the most candidates (as the recently held preliminary MCQ examinations suggest) certainly calls for debate.
Having gone through the questions, it is safe to confirm that in order to score 50% (requirement to pass the MCQ preliminary), one would need to memorise all 7 legislations in the syllabus, more from the end of what each sections state, rather than emphasizing on their contents.  We are personally acquainted with candidates, who have Master’s from some of the most prestigious law schools in the world, including Oxford, Cambridge, Warwick, LSE etc, and who never had to prepare for examinations for law, where 54 out of 100 questions were solely related to how well their memories serve them in remembering the sections of laws – how efficiently they had implanted in their brains the numbers and nothing else.
Whereas it is perhaps a mistake to judge the question pattern, solely considering the failure (at the recently held preliminary exam) on the part of Barristers in good numbers, since they are only introduced to Bangladeshi legislations prior to preparing for the Bangladesh Bar exams, but the overall number of failures portray this year’s unconventional pattern for testing ones merit of becoming ‘learned’ (as lawyers are addressed with respect) Advocates.
If the Bar Council was afraid of too many candidates passing, they could still arrange for an exam that would be considered being of reasonable standard, by perhaps declaring that the top 25% percent would make it to the next stage. That way, the cream of those sit for a widely acceptable law preliminary exams would pass, and such an exam would keep the Bangladesh Bar Council away from being at the receiving end of criticisms.
 
The writers are faculty members of the Department of Law at North South University.

Comment

Saquib Rahman and Himaloya Saha
 
Upon completion of our Master of Laws (LL.M.) degree from the United Kingdom, we submitted our applications at the Bangladesh Bar Council to permit us for appearing before an interview at the Dhaka Bar (our chosen destination to practice law), as we completed our LL.M. abroad, we failed to face the interview within the required 6 months after being enrolled as Advocates.
If we recall correctly, it took about a year for the Bangladesh Bar Council to respond to our requests. Had we not chosen a profession in academia, earning bread during the span of time mentioned, it would not have been possible for us to survive. Continuously pushing the friendly  employees of the Bar Council for about one year wasn’t the easiest task, however, service of this autonomous body is not what we intend to discuss in this piece.
Readers who are not lawyers or law students, must have definitely heard of the Bangladesh Bar Council, with reference to their building being surrounded by agitated law students of private universities, or through the expressions of misery from acquaintances who are potential law candidates, for their educational institutions not being recognized by the Bangladesh Bar Council (hence, risking their eligibility to become lawyers). The Bangladesh Bar Council however, has lately not been the best known for holding the advocacy examinations in time.
That being said, preliminary MCQ examination (which is to be followed by a written and a viva voce for those who would pass) has been held after one and half years on July 21. After much tension arising between the Bangladesh Bar Council and universities that have law departments/ schools in Bangladesh, the much awaited exam was finally held with a pass rate of around 25% (the total number is expected to be less than half of that, after viva).
Failing to abide by the usual norms of Bar exams being held twice a year meant that, the number of candidates only kept rising in the past few years because of the irregularity on the Bar Council’s part.  Therefore, the Bar Council undoubtedly experienced the largest crowd of examinees in the country’s history last month.
Once law used to be known as the royal profession, but it has in the course of last few decades become known as the last resort of the students who could not excel elsewhere. While the increasing interest of better schooled students to pursue law as a profession is a good news, the Bar Council’s way of screening the most candidates (as the recently held preliminary MCQ examinations suggest) certainly calls for debate.
Having gone through the questions, it is safe to confirm that in order to score 50% (requirement to pass the MCQ preliminary), one would need to memorise all 7 legislations in the syllabus, more from the end of what each sections state, rather than emphasizing on their contents.  We are personally acquainted with candidates, who have Master’s from some of the most prestigious law schools in the world, including Oxford, Cambridge, Warwick, LSE etc, and who never had to prepare for examinations for law, where 54 out of 100 questions were solely related to how well their memories serve them in remembering the sections of laws – how efficiently they had implanted in their brains the numbers and nothing else.
Whereas it is perhaps a mistake to judge the question pattern, solely considering the failure (at the recently held preliminary exam) on the part of Barristers in good numbers, since they are only introduced to Bangladeshi legislations prior to preparing for the Bangladesh Bar exams, but the overall number of failures portray this year’s unconventional pattern for testing ones merit of becoming ‘learned’ (as lawyers are addressed with respect) Advocates.
If the Bar Council was afraid of too many candidates passing, they could still arrange for an exam that would be considered being of reasonable standard, by perhaps declaring that the top 25% percent would make it to the next stage. That way, the cream of those sit for a widely acceptable law preliminary exams would pass, and such an exam would keep the Bangladesh Bar Council away from being at the receiving end of criticisms.
 
The writers are faculty members of the Department of Law at North South University.

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