An Advocate’s Conduct is the Mirror of Law
Rawsan Zadid : A man cannot be said to have been dealt with in accordance with law unless he has a reasonable opportunity to approach the court in vindication of his right or grievance. Even a fugitive is entitled to be defended when death penalty is involved. Our existing constitution guaranteed an inalienable right of every citizen as, the protection of the law and to be treated in accordance with law and only in accordance with law. No action detrimental to the reputation of any citizen or inhabitant of Bangladesh shall be taken except in accordance with law.
Recently, an allegation surfaced involving an Assistant Judge in Chuadanga. An Advocate of the Supreme Court publicly disclosed, through the media, that the judge had allegedly engaged in sexual intercourse with a woman through intimidation or by obtaining consent fraudulently, sharing extensive details of the incident. While presenting the claim, the Advocate not only disclosed the full identity of the accused but also attempted to reveal the individual’s mobile number to the public.
The Advocate further stated that an initial attempt was made to lodge a First Information Report (FIR) at a local police station. When that effort failed, a formal complaint was submitted before the court on behalf of the alleged victim. After due consideration, the accused voluntarily surrendered before Metropolitan Magistrate Court-22, Dhaka, seeking bail. The court, in accordance with proper legal procedure, granted interim bail until submission of the Police Report.
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However, the matter took an unfortunate turn when the Advocate of the Highest Court appeared on television again, openly criticizing the Court’s decision to grant bail and reiterating the allegations. It must be underscored that the media is not the proper forum to challenge a judicial order. There are superior courts for that purpose.
Moreover, any legal professional, especially one practicing before the apex court, should be well aware of the distinction between an accused and a convict. It is a fundamental principle of law that every accused person is presumed innocent until proven guilty, beyond any reasonable doubt. As a member state of the United Nations, Bangladesh is bound by Article 11(1) of the Universal Declaration of Human Rights, which affirms that –
Everyone charged with a penal offence has the right to be presumed innocent until proved guilty in a public trial.
Reputation is a great possession and asset of every man. Respect for reputation and dignity is not merely a social courtesy it is a legal right. Advocates must refrain from making public statements that may prejudice ongoing investigations or judicial proceedings. Similarly, media outlets must uphold journalistic ethics and avoid broadcasting unverified or defamatory claims.
An Advocate, often referred to as “Learned,” carries the weight of ethical responsibility. Neither social media nor television should be used as a tool for public condemnation before the conclusion of a fair trial. Such conduct undermines both the rule of law and public trust in the justice system.
Writer Rawsan Zadid is an Advocate of the Supreme Court. E-mail : rawsan.zadid@yahoo.com
