The Appellate Division of the Supreme Court, yesterday, released the copy of its verdict permitting the admission of students at all private law universities, except Darul Ihsan.
The four-member bench headed by Chief Justice SK Sinha had, on December 10, delivered the verdict after disposing of several appeals from Darul Ihsan University and several private universities challenging a High Court verdict. The latter had imposed various conditions on the universities regarding the enrolment of law students.
The detailed verdict, written by Chief Justice Sinha, was released yesterday afternoon. In it, the CJ has made some crucial observations about the Bar Council’s enrolment of lawyers.
The verdict read, “The profession of law, being founded on great traditions, is not a business but part of the scheme of a welfare state in which all segments of the public repose faith in them (lawyers) to protect their fundamental rights. They are answerable to the social conscience of the society and have moderate obligation towards those who cannot protect their interest.”
It mentioned that lawyers are duty-bound to contribute to building social order so that the fruits of social and economic justice reach the poor segments of the country. Therefore, a lawyer’s duty is to be fair not only to his client but also to society.
The verdict observed that the Bangladesh Bar Council is rendering a public utility service. National hope rests on this body that the members of the legal profession will serve society and abide by the Canons of Ethics defending an honourable order.
The verdict said, “The Bar Council shall frame rules with the approval of the government to monitor the standard of legal education to be observed by universities and law colleges in Bangladesh and the inspection of the universities and colleges for that purpose in accordance with article 40(2)(t) of PO [President Order] 46 of 1972.”
It stated that the Bar Council shall compulsorily publish a syllabus to be taught by the universities and law colleges which will award LLB honours and pass course degree certificates. No person shall be allowed to be enrolled as an advocate unless he/she obtains a graduation certificate in law in those subjects in accordance with article 27(1 (i) and (d) of PO 46 of 1972.
The Bar Council has exclusive power to recognise a decree in law obtained by any person from any university or college and it has the power to curtail or exonerate the power to practice of any person either in the district courts or in the High Court Division, the verdict reminded.
No private university shall issue the Bachelor of Law degree unless the person undergoes four years of education in a law course and this direction shall have prospective effect. No public or private university shall admit more than 50 students in a semester of a bachelor of law course, according to the verdict.