Legal Free

Legal Free

TOPIC

“Political involvement of the lawyers increases the inappropriate use of laws as they try to use the law that favours them.”

Introduction

Bangladesh is a democratic country. Being a citizen of a democratic country, everybody has the right to do anything until and unless that does not violate any rule. Every democratic country is run by a political party. The citizens of this kind of country preserve the right to express their opinions and to join any political party. In every country there are some rules regarding the joining of any political party. But in general people have the right to be a part of a party. Now if the lawyers join any political party there is a very strong possibility that they will use the laws inappropriately for their interest. Lawyers use the law to solve any case and to make sure that the criminal gets the punishment. But if they get involved with politics, they might use the law in favor of them. It might happen that the criminal is from his own political party and for the interest of the party the lawyer uses the law and help the criminal to escape. So undoubtedly the involvement of lawyers in the politics increases the chance of misusing the power of law.

Politics and Law

We know that politics and law are different strategy from their view point but in our country prospective is true that politics and law are different from their view point? Most of the political leaders try to use lawyer to make it favor so the general people lost their human right. We know politics means doing something or making the leader of people with the support of the people and law is something that helps people to give their freedom of right so, this two things are different from their view point. Now we are looking about lawyer, most of the lower of our country try to misuses their power and some political leader use lawyer to make or increase his/her power but in the constitution says that Law is same for all people there are no discrimination between law and their uses.

Political Corruption

“Political corruption can be defined both with reference to the main actors involved, namely persons at the highest levels of the political system, and the purpose of the corrupt behavior, namely to sustain the hold on power.”[1] Most of the development country lost their position only for political corruption. I think political corruption means hold the political power and misuse it. Thing about the situation of Bangladesh and their corruption of political leader such as when Sheikh Hasina come and take the seat of prime minister then she says that hortal is bad for our country on the other opposition main leader Begum Khaleda Zia when take the seat of prime minister than she also says that hortal is bad for our country so I think this two leader are playing with game with us and we are the player of their game so corruption of politics are making for powerful with support of lawyer.

The Political leader and their impact on the lawyer

Now we are looking that how political leader impact on the lawyer. First who have to know the meaning of the political leaders, the Political leader means “political leader is an individual who is involved in influencing public policy and decision making”.[2] Than we have to know the meaning of the lawyer, lawyer means “lawyer is a person learned in the law; as an attorney, counsel or solicitor; a person licensed to practice law”[3] So, the definition of the lawyer and political leader clear that political leader and lawyer are totally different from their view point. Now we are looking how political leader impact on the lawyer?

1. In 2007 when Bangladesh face emergency condition than lot of political leader use lawyer to solve their corruption problem.

2. Some political leaders take huge amount of loan from bank and they use their lawyer to reduce their bank loan. As a result every year the government bank has lost huge amount of profit and we lost our economics scale.

3. Some political leaders illegally use their lawyer to force people to take government land.

4. Few political leaders use their lawyer to make a illegal document for building illegal building in Dhaka city.

5. Sometimes political leaders use their lawyer to solve the illegal foreign affairs like money loan daring, illegal import business, illegal foreign lenience and other illegal foreign affairs.

6. Most of the lawyer take huge amount of money to take a case so general people cannot bear their fees and political leader take this point. As a result the people lost their human right.

7. Some of the political leader use lawyer to make an illegal law that makes more corrupted of our country.

There are some recent issue of political leader and their misuses of lawyer

Dhaka cantonment residence and political leader Khaleda Ziha

Now this is a big political issue of Bangladesh. The lawyer of khaleda Zia and the lawyer of government make this issue political and they try to solve this issue with politically but the general people suffer from their issue by hortal and other political action.[4]

Jammat leaders get bail

I think jammat leaders has some relation with some case like ten truck arms case but the support of lawyer they get bail. I know there is no evidence that they are related with this case but from my point of view that is worng.

Lot of case solve by use political case and terrorist misuses this power

“Shahadat is widely known as the leader of one of the most notorious extortion rackets in the capital. He allegedly runs the racket from abroad. He used to be a leader of a Mirpur unit of Bangladesh Chhatra League, a student organisation backed by ruling Awami League. There are 14 murder cases against him.”[5] We know that shahadat is very dangerous terrorist but he solve his case by uses the power of political issue. Not only shahadat many terrorist solve their case by use this political power and lawyer takes more steps with political leader to solve these types of case. IF most of the big issue or case solve by this way than people felt hopeless and we lost our human right. I think the government should take step to solve this problem and the people of the civil society should take care about this problem.

Bangladesh separated the judicial branch from the executive, but is it true that Bangladesh separated the judicial branch from the executive?

The judiciary has formally separated from the executive branch. The interim government completed all formalities necessary to separate the judiciary in August, meeting a deadline set by the Supreme Court of Bangladesh in July. Lower court judges and judicial magistrates now will be appointed by the Supreme Court as opposed to the executive branch’s law ministry. Bangladeshi interim government officials say this marks a substantial step toward complete judicial independence.[6]

The main aim was that law system will be independent but in real life situation there is no example of independence of judicial so why we say that the judicial branch separated from the executive? Some political support actually makes difficult that judicial branch are separated from executive. As a result this rules only for document not use in real life.

There are some reasons that how political leaders can easily misuses the lawyer of Bangladesh?

1. Lack of Consciousness

“Consciousness is variously defined as subjective experience, awareness, the ability to experience “feeling“, wakefulness, the understanding of the concept “self“, or the executive control system of the mind.”[7] We are always try to avoid our responsibilities. As a result we do not care about consciousness so political leader easily can misuses lawyer.

2.  Lack of political Will

“Political will is the ghost in the machine of politics, the motive force that generates political action.”[8] Political will is very important to control the judiciary board some lawyer do not care about political will and they uses for their own benefit. As a result we lost our law and lost our human right.

3. Lack of strong Civil Society

Civil society is very important part of our society but most of the person of the civil society does not care about their responsibility. As a result some political leader use civil society for his/her own benefit and they do not care about civil society. The lawyer of our country takes this point and they also misuses their power.

4. Lack of responsibility of lawyer

Most of the lawyer does not care about their responsibility. Honesty is very important part of lawyer but most of the lawyer does not care about their honesty, they always take care about their well-known or wealth. I think every lawyer should care about their responsibilities and government should force if they do not maintain their responsibilities.

5. Lack of Democratic Culture

We know Bangladesh is a democracy country and there are some rules of democracy culture like people is main source of power. Law is same for all people but is it true that in our country follows this rule? So why we say that our country is a democratic culture. If we follow our democracy rules than the political leader do not misuses our lawyer.

6. Lack of believe of people of justice

Most of the people of our country lost their confidence from justice because the political leader misuses their power and lawyer help to make this power. As a result general people lost their confidence and they think that justice is only for powerful people not for all.

7. Corrupted lawmakers

Simply we can say that law maker means that who makes law or bill that passed by everyone from parliament.[9] Most of the parliament members of our country do not know about law but they are the main source to make law. As a result they make their law for only their benefit and lawyer help to make this law.

8. Government Negligence

This is the national issue so only general people do not solve this problem. The government should care about this problem but in general most of the government does not care about this problem.

Human Rights and Political Situation in Bangladesh

Human right is our right that all government has to confirm of the people but if political leader use lawyer and they misuses their power, than how people get their human rights? Most of the people believe his/her political leader but political leader misuses these believes. As a result people lost their human right.

Conclusion

We know that every people has right to take justice but in our country prospective it is very hard that every people get their justice because the corruption of political leader and lawyer. If we look the present condition of our political leader than we observe that most of the political leader misuses our lawyer and lawyer also help to misuses their power. We know in our constitution says that every people have same right to take his law and law is same for all people but is it true the law is same for all people, I think is it not true. Our main two political leader present president Sheikh Hasina and present main opposition leader Khaleda Zia those two leader always think about their benefit such as when they attend any meeting or seminar than they talk about their political view what are doing, what are they will be doing, but they never talk about our country. I think if we cannot change our government we cannot change or development our country. We should  change this two political leader immediately and that change will affect on our real justice and political leader cannot affect on the lawyer.

BIBLIOGRAPHY

1.    http://www.u4.no/themes/political-corruption/introduction.cfm

2.    http://www.thefreedictionary.com/political+leader

3.    http://en.wikipedia.org/wiki/Lawyer

4.    http://www.thedailystar.net/newDesign/front.php

5.    http://www.thedailystar.net/newDesign/news-details.php?nid=164153

6.    http://jurist.law.pitt.edu/paperchase/2007/11/bangladesh-splits-judiciary-from.php

7.    http://www.google.com/search?hl=en&client=firefox-a&hs=lqi&rls=org.mozilla:en-     US:official&channel=s&defl=en&q=define:consciousness&sa=X&ei=95rzTLGRKoTDhAfu9fSxDQ&ved=0CBYQkAE

8.    http://www.charneyresearch.com/pdf/09May5_Charney_Newsletter_Political_Will.pdf

9.    http://www.merriam-webster.com/dictionary/lawmakers

[1] http://www.u4.no/themes/political-corruption/introduction.cfm

[2] http://www.thefreedictionary.com/political+leader

[3] http://en.wikipedia.org/wiki/Lawyer

[4] http://www.thedailystar.net/newDesign/front.php

[5] http://www.thedailystar.net/newDesign/news-details.php?nid=164153

[6] http://jurist.law.pitt.edu/paperchase/2007/11/bangladesh-splits-judiciary-from.php

[7] http://www.google.com/search?hl=en&client=firefox-a&hs=lqi&rls=org.mozilla:en-US:official&channel=s&defl=en&q=define:consciousness&sa=X&ei=95rzTLGRKoTDhAfu9fSxDQ&ved=0CBYQkAE

[8] http://www.charneyresearch.com/pdf/09May5_Charney_Newsletter_Political_Will.pdf

[9] http://www.merriam-webster.com/dictionary/lawmakers

Correspondence

For: The Lawyers & Jurists

M.L.Hotel Tower Ltd,208,Shahid Syed Nazrul Islam Sarani,

Bijoy Nagar, Dhaka-1000.

Email-admin@lawyersnjurists.com/nomaer@hotmail.com

www.lawyersnjurists.com

Country code+ Ph No.

Ph:0088-02-9571389; 0088-02-9513408,

0088-02-9564329, 0088-02-9564398

Direct cell with country code:

Local Code :

a)0088-01733689444

b)0088-01674647033

C)0088-01552632768

Disclaimer:

The information contains in this web-site is prepared for educational purpose. This site may be used by the students, faculties, independent learners and the learned advocates of all over the world. Researchers all over the world have the access to upload their writes up in this site. In consideration of the people’s participation in the Web Page, the individual, group, organization, business, spectator, or other, does hereby release and forever discharge the Lawyers & Jurists, and its officers, board, and employees, jointly and severally from any and all actions, causes of actions, claims and demands for, upon or by reason of any damage, loss or injury, which hereafter may be sustained by participating their work in the Web Page. This release extends and applies to, and also covers and includes, all unknown, unforeseen, unanticipated and unsuspected injuries, damages, loss and liability and the consequences thereof, as well as those now disclosed and known to exist.  The provisions of any state’s law providing substance that releases shall not extend to claims, demands, injuries, or damages which are known or unsuspected to exist at this time, to the person executing such release, are hereby expressly waived. However the Lawyers & Jurists makes no warranty expressed or implied or assumes any legal liability or responsibility for the accuracy, completeness or usefulness of any information, apparatus, product or process disclosed or represents that its use would not infringe privately owned rights. Reference herein to any specific commercial product process or service by trade name, trade mark, manufacturer or otherwise, does not necessarily constitute or imply its endorsement, recommendation or favouring by the Lawyers & Jurists. The views and opinions of the authors expressed in the Web site do not necessarily state or reflect those of the Lawyers & Jurists. Above all, if there is any complaint drop by any independent user to the admin for any contents of this site, the Lawyers & Jurists would remove this immediately from its site.