Regional Conference on the Revised Background Paper Chittagong

REGIONAL CONFERENCE REVISED BACKGROUND PAPER REVIEW OF LEGAL EDUCATION IN BANGLADESH CHITTAGONG CONSULTATIONS - APRIL 12, 2005

Justice Mustafa Kamal Chowdhury, Chairman, Law Commission:

Law Commission of Bangladesh is currently reviewing the legal education system in Bangladesh. Dr. M. Shah Alam, Former Dean and Currently a Professor of Law of University of Chittagong is leading this review under the auspicious of Law commission. He prepared a background paper. In the light of roundtables he revised the background paper. You can comment on legal education system not covered in the paper and any more idea. Recommendations should be based on wide consultations. It is with that end in view that the Law Commission with cooperation with CIDA has embargoed upon a process of consultation which was indeed started a long ago. This is the second round. Finally it will be submitted to the Government as recommendation. The object of the roundtable conference is to illustrate that law making should not be the privilege of a few.

Alnoor S. Meghani, Field Project Director, Department of Justice of Canada's CIDA, Pilot Project A:

As you may know, the World Bank Strategy Paper identified the legislative drafting wing of the Ministry of Law, Justice and Parliamentary Affairs as well as the Law Commission as two areas of activities and the World Bank legal and capacity building project. The strategy paper called for a dynamic organization is which the Laws Commission embraces a multi-disciplinary approach to law reform analysis. Through the consultation one feels part of the law making process. But more individuals are consulted and there had a number of researches been undertaken, the parliament and the Government itself then fell compelled to take those recommendations at heart and make changes according to recommendations. We are excited to be a part of our work with the Law Commission.

1 Dr. M. Shah Alam, Formerly a Member of Law Commission and now a Professor of Law, University of Chittagong: I have tried to identify the problems and prospects of legal education in Bangladesh. For the first time Law Commission has taken this initiative. What social values and ethics are getting by the law graduates when they are passing out of the law institutions? Legal education needs reform. Main points of the paper are- 1. We need to know the object of legal education. 2. The policies and standards of the legal education upon which the conditions of quality legal education must be made. 3. The nature of legal education. 4. The system of legal education. 5. Curriculum Development. 6. The teaching methodology. 7. Development of analytical and communication skills in law students. 8. Clinical legal education. 9. How we evaluate the law students. 10. Evaluation and accountability of the teachers. 11. Education and training of the teachers. 12. Medium of language in legal education. 13. Containing legal education. 14. Whether we should have some provision of law in SSC and HSC level. 15. Quality legal education.

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2 W. gwkDj Avjg Aa¨vcK, e¨e¯’vcbv wefvM, PÆMÖvg wek¦we`¨vjq| CIDA Ges Law Commission ‡h mgq I kªg e¨q Ki‡Q Zv hw` dvBjew›` n‡q hvq, miKvi hw` Kvh©Ki bv K‡i, Zvn‡j Gi cÖ‡qvRbUv wK? RvwZ Av‡`Š wK Gi Øviv †Kv‡bvfv‡e DcK…Z n‡e? miKvi †hb GwU Avg‡j †bq| cÖvwZôvwbK AvBb wk¶v hviv †`b, Zviv †h msK‡Ui g‡a¨ Av‡Qb, †m welqwU wPwýZ nqwb| Avw_©K I cÖvwZôvwbK Pvwn`v Zviv †gUv‡Z cv‡i bv| wk¶K wb‡qv‡Mi †¶‡Î Avgiv Objective bv n‡q Subjective AvPiY KiwQ| GKwU we‡klvwqZ RvZxq AvBb cwil` ˆZwi Kiv DwPZ| gwn`yj Avjg Bs‡iRx wefvM, wcÖwgqvi BDwbfvwm©wU| How do you ensure that law is not abusing in our country? How do you ensure that the whole proceedings in the court of Law are not being dominated, where law is interpreted by its letter and not by its spirits? I think language is a big obstacle for the legal practitioners. Dr. Shah Alam does not distinguish between a judiciary which is under the executive organ of the Government and a Judiciary which is free of the Government. We need an independent judiciary. From our experience over the last few decades we can see that the judiciary is sometimes compromising. How will you address this? Why should not we come forward with a unique methodology?

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3 gwbUwis wm‡÷gUv k³ K‡i wk¶K‡`i †eZ‡bi K_v fve‡Z n‡e| Pvi eQ‡ii AvBb wk¶v `iKvi| kvgmyj û`v GW‡fv‡KU, PÆMÖvg evi G‡mvwm‡qkb Law teachers should be well educated and well fed.

S.M. Saleh Ahmed Siddiqui, Former Lawyer and former teacher of Chittagong Law College.

Legal education should be started from the primary and secondary level so that the students might get some rudimentary ideas of law. English should be compulsory as a medium of instruction. More subjects are to be incorporated in the syllabus. Pass mark should be 45%. How to maintain the uniformity of the standards of public universities, private universities and law colleges?

Aa¨vcK Rvgvj bRi“j Bmjvg weÁvbx, MwYZ I †fŠZ M‡elYv †K›`ª We have to be self reliant. We have to work together. We have to find a way out of our own. We must have unity. G.P. ADR system has been incorporated in civil procedure code and its working. We should not be hopeless.

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Professor Noor

Special emphasis should be given to make this corrupt society a better one. Curriculum should be developed with the changing world. I think

4 public universities and Bar council will be the device to monitor and ensure quality legal education.

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AKM Anwar Hossain, Metropolitan Session Judge, Chittagong

Objects of legal education are to be defined. Students need practical experience to dispense justice among the people. Course duration should be increased. National body is necessary to maintain uniformity of legal education.

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5 You need to take short term, long term projects. Because law is very hard to implement.

Amir Md. Nasrulla Bahadur, Assistant Professor, Dept. of Public Administration, Chittagong University.

Legal education should be society oriented. Morals, ethics and values must be included in the syllabus. Legal education needs uniformity. We need potential lawyers. We need potential students. There should be an internship for the period of one year.

Mahbubur Rahman, Lecturer, Dept. of Law, Premier University

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Christine Richardson, Teacher, CU.

Law teachers need formal trainings to make the class more effective. Students need externship program.

Zafar Ahmed Mostafa, Member, Supreme Court Bar and Teacher, Bangabandhu Law Temple, Chittagong.

There should be some practical classes and some value must be added to it.

M. Jashim Ali Chowdhury, 4th Year, LL.B. (Hons), CU

Whether there is any joint university law faculty possible? We need proper knowledge on jurisprudence and ethics.

Sanjay Biswas, Student, Dept. of Law, Premier University

Clinical Legal Education, IT educations are to be incorporated in the syllabus. Adequate resource is needed for research and survey.

6 Mosdalefa Sarwat, 3rd Semester, Dept. of Law, Premier University.

Public University products should be given importance. Our course should be made of international standard.

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Md. Moinuddin, LL.M, CU

Very few books are written by Bangladeshi authors or in Bengali. The books we follow are not of relevance. There needs a uniformity of exams. gCbywÏb †PŠayix 2q †mwg÷vi, Gj.Gj.we, wcÖwgqvi BDwbfvwm©wU Avgiv hviv AvBb QvÎ Zviv †hb AvBb m‡PZbZvi gva¨g wn‡m‡e KvR Ki‡Z cvwi|

Md. Yousuf Ali, LL.M, CU

Externship programs like Street Law can be incorporated with the help of NGOs. Technology is to be used in the classes.

Hillol Saha, 1st Semester, Dept. of Law, Premier University Inter level I Law incorporated Kiv `iKvi|

Md. Khurshidul Alam Sikder, LL.M., CU

Evaluation must be started from the very beginning. The system of intimation to become a lawyer is simply a formality.

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Monirul Azam, Lecturer, Law, CU

We need global vision of legal education. Students must be taught how to deal with the transitional situations. Student and teachers should have a chance to practice in the courts. byi“j Avwgb Aa¨vcK, K·evRvi AvBb gnvwe`¨vjq Pass course G-I Law introduce Kiv hvq| mvBdzj Av‡e`xb Gj.Gj.Gg, Pwe QvÎ‡`i AvBb wk¶‡Ki ZË¡veav‡b †KvU© wfwR‡Ui e¨e¯’v Ki‡Z n‡e| Practicing Lawyer w`‡q K¬vk †bIqv DwPZ|

Ismail Hossain, Lecturer, Dept. of Law, Premier University

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8 Regional Consultation at Chittagong 12th April 2005 Law Commission Pilot Project (Review of Legal Education)

1. Justice Mustafa Kamal, Chairman, Law Commission and Former Chief Justice – Chairman of the Regional Consultation 2. Professor Dr. Shah Alam, Department of Law, Chittagong University – Keynote Paper Presentor 3. Mr. Alnoor Meghani, Field Project Director, CIDA Legal Reform Project – Part A 4. Sheikh Sayedul Islam, Secretary, Law Commission 5. Mr. Ranabir Paul Chowdhury, Senior Research Officer, Law Commission

Participants

Names & Address Institutions 1. Professor Mosharraf Hossain University of Department of Sociology Chittagong 2. Professor Jamal Nazrul Islam University of Center for Mathematical and Chittagong Physical Sciences 3. Professor Abdun Noor University of Department of Public Chittagong Administration 4. Mr. Akhila D. Rozario Caritas Bangladesh Regional Director, Caritas Chittagong Regional 1/E Byazid Bostami Road Office East Nasirabad, Chittagong 4210 5. Mr. Sisir Dutta Bangladesh Institute Executive Director of Theatre Arts Bangladesh Institute of Theatre (BITA) Chittagong Arts (BITA) 1, Shaheed Mirza Lane, Mahedeebag 6. Mr. Maroof Matin Chittagong Stock Chief Executive Officer Exchange

9 Chittagong Stock Exchange 1080, Shekh Mujib Road, Agrabad,Chittagong 7. Principal Chittagong Law Chittagong Law College College N.A. Chowdhury Road Andarkilla, Chittagong 8. Principal Bangabandhu Law Bangabandhu Law Temple Temple Municipal Model High School Building, Chittagong 9. Principal Cox’s Bazar Law Cox’s Bazar Law College College 10. Principal Noakhali Law Noakhali Law College College Maijdi Noakhali 11. Advocate Deloar Hossain GP Chowdhury, GP Chittagong District Chittagong District Judges Judges Court Court Room No 44, New Bar Building District Judge's Court, Chittagong 12. Advocate Samsul Huda Chittagong Bar Senior Lawyer Association Chittagong Bar Association Room No 45 New Bar Building District Judge's Court, Chittagong 13. M. Zakir Hossain University of Chairman Chittagong Department of Law University of Chittagong 14. A.K.M. Anowar Hossain Metropolitan Session Judge

10 Court Building Court Hill Chittagong 15. Vice Chancellor Chittagong Premier University Panchlaish, Chittagong 16. Chairman Department of Law Premier University Panchlaish, Chittagong 17. Md. Mahbub Morshed Assistant Metropolitan Session Judge House No. 4, Road No 30 Nasirabad Housing Society Chittagong 4000 18. Mr. Ismail Hossain Lecturer Department of Law Premier University Probortoker Mor 1/A, O.R. Nizam Road Panchlaish, Chittagong 19. Chairman Department of Sociology Shah Jalal University Sylhet 20. Chairman Department of Public Administration Chittagong University Chittagong 21. Ms. Rakiba Nabi Lecturer Department of Law Chittagong University Chittagong 22. Mr. Md. Mohiuddin Khaled

11 Assistant Professor Department of Law Chittagong University Chittagong 23. Mr. Nirmal Kumar Saha Assistant Professor Department of Law Chittagong University Chittagong 24. Mrs. Shiffat Sharmin Lecturer Department of Law Chittagong University Chittagong 25. Mr. A.B.M. Abu Noman Assistant Professor Department of Law Chittagong University Chittagong 26. Mrs. Shajeda Akhter Lecturer Department of Law Chittagong University Chittagong 27. Mr. Jafar Ullah Talukdar Assistant Professor Department of Law Chittagong University Chittagong 28. Mr. Shaheen Chowdhury Lecturer Department of Law Chittagong University Chittagong 29. Ms. Cristine Richardson Assistant Professor Department of Law

12 Chittagong University Chittagong

30. Mr. Mohammad Monirul Azam Lecturer Department of Law Chittagong University Chittagong 31. Mr. Shahriar Parvaz Lecturer Premier University Probortoker Mor 1/A, O.R. Nizam Road Panchlaish, Chittagong 32. Mr. Mahbuboor Rahman Lecturer Premier University Probortoker Mor 1/A, O.R. Nizam Road Panchlaish, Chittagong 33. Ms. Asma Binte Shafique Lecturer Premier University Probortoker Mor 1/A, O.R. Nizam Road Panchlaish, Chitagong 34. Professor Fashiul Alam Department of Management University of Chittagong Chittagong 35. A.B. Siddique Company Secretary Chittagong Stock Exchange Ltd. 1080 Sheikh Mujib Road Agrabad,Chittagong 36. Advocate Waheeda Idris

13 Panel Lawyer Chittagong Stock Exchange Ltd Ain jibi Bhaban Room No 217 Court Hill, Chittagong 37. Bureau Chief The Daily Observer Yasmin Palace Noor Ahmed Road (Old Biman Office Road) Chittagong