Complete judge appointment process quickly

In Bangladesh, land disputes make up the majority of cases. To resolve land-related disputes, the government established Land Survey Appeal Tribunals for the first time in 54 districts in August 2023. However, news received on Thursday (March 20) revealed that although the tribunals and appeal tribunals have been established, judges have not yet been appointed. As a result, millions of cases are pending in these tribunals. Due to the prolonged delay in resolving cases, several hundred thousand people, both plaintiffs and defendants in nearly four hundred thousand pending cases, are facing harassment.

According to relevant sources, only 13 out of the 54 land survey tribunals have judges appointed. Due to the prolonged delay in appointing judges, there are currently 381,470 cases pending in the land survey tribunals. Additionally, there are 8,512 pending cases in the appeal tribunals. When asked why judges have not been appointed even after one and a half years since the formation of the appeal tribunals, sources from the Ministry of Law said that after the amendment of the State Acquisition and Tenancy Act and the formation of tribunals, a proposal for creating judicial positions was sent from the law ministry to the Ministry of Public Administration. This proposal includes the creation of 54 positions for judges and supporting staff in the 54 Land Survey Appeal Tribunals.

The Ministry of Public Administration has approved the creation of only 26 positions for district judges and supporting staff. Currently, this proposal is held up in the Ministry of Finance. Similarly, although the Ministry of Public Administration approved the recruitment of joint district judges and supporting staff for 13 land survey tribunals, the Ministry of Finance has not given approval. Once the Ministry of Finance responds, approval from the Administrative Development Committee will be required. Afterward, a notification will be issued after obtaining approval from the Chief Adviser, and judges will be appointed. Consequently, even after completing all the steps, it may take several more years for final appointments.

Judges of the Land Survey Appeal Tribunals will be district judges. Additionally, if necessary, senior assistant judges or assistant judges may be appointed by the government to resolve the cases in the land survey tribunals. This provision was added to the State Acquisition and Tenancy Act of 1950, which was last amended in 2023. When asked about the delay in the creation of judicial positions, Sheikh Abu Taher, the Secretary of the Ministry of Law and Justice, told the media, "If there is anything beyond the rules, it is confidential and cannot be said at this moment. We also want these cases to be resolved quickly."

In many administrative fields in Bangladesh, one department does not want to take on the responsibilities of another, and often their statements are unclear. Land dispute cases are extremely serious matters, sometimes leading to killings. Until the cases are resolved, the plaintiffs and defendants remain in limbo, sometimes for their entire lives. In some cases, if the plaintiff or defendant dies, the case becomes even more complicated. If tribunals and appeal tribunals have already been established, why such a delay in appointing judges?

The affected parties demand that judges be appointed quickly so that these cases can be resolved. The state is not showing sound judgment by leaving millions of people in such distress. The victims do not understand administrative complexities; if they are denied legal services, they will directly point the finger at the state. During the interim government's time, many state institutions are being reformed, and urgent appointments are being made in many institutions. This issue should be given serious consideration, and the judge appointment process should be completed as quickly as possible.