The High Court (HC) yesterday stayed a gazette notification issued by the Bangladesh Bar Council, allowing Md Zumman Siddique, son of a sitting justice of the High Court division, to practise law in the HC despite not qualifying in the enrolment examination. It issued a rule asking the Bangladesh Bar Council and the government to explain in four weeks’ time why the gazette notification should not be declared illegal.

The HC bench, comprising Justice Tariq ul Hakim and Justice Md Iqbal Kabir, issued the order and the rule after hearing on a writ petition filed by Supreme Court (SC) barrister Syed Sayedul Haque Sumon and advocate Ishraf Hasan challenging the gazette notification.

At one stage of the hearing, the HC bench warned barrister Sumon not to post any status on social media like Facebook which could tarnish the image and dignity of the judiciary and lawyers. Barrister M Amir Ul Islam, counsel for Zumman Siddique, had published on different online portals some statements made by Sumon on his Facebook page. Islam alleged that Sumon had tarnished the image and dignity of the judiciary and lawyers through several status messages posted on his Facebook page.

With this in view, the HC bench warned Sumon verbally, asking him not to post any disgraceful statuses on social media in the future. On November 21, Sumon and Hasan filed a writ petition with the HC challenging a Bangladesh Bar Council gazette notification that enrolled law graduate Siddique as an advocate of the HC Division without any examination.

According to the petition, an official gazette notification issued by the Bangladesh Bar Council on October 31 this year stated that Siddique, a law graduate practitioner in the New Zealand High Court, had been added to the Roll of Advocates maintained by the Bangladesh Bar Council under Article 20 of the Bangladesh Legal Practitioners and Bar Council Order, 1972.  Siddique is thereby entitled to practice in the HC division of the Supreme Court of Bangladesh, according to the notification.

Sumon said the authorities concerned had violated the rules and regulations of the Bangladesh Bar Council by enrolling the law graduate.

The petitioner also said: “Mohammad Zumman Siddique failed the enrolment examination of the Bar Council twice. Then, the Bar Council enrolled him by issuing a gazette, whereas thousands of law graduates across the country face a tough battle to get such enrolment.”

A law graduate has to go through a preliminary test, written test, and viva voce to get enrolment in the Bangladesh Bar Council.

The law secretary, the vice-chairman of the Bangladesh Bar Council, the secretary of the Bangladesh Bar Council, and Siddique have been named as respondents by the court. They are expected to respond to the rule within four weeks.

BK