Ensure quick justice by reducing case backlogs

The issue of legal complexities and the slow pace of the judiciary, leading to cases being stalled, is not new. In every country, thousands of cases remain unresolved for years. Even in countries like Europe and America, many cases are pending for extended periods. In India, there are thousands of cases that have been pending for over 30 years; however, the situation in Bangladesh is rare globally. In such a small country, a staggering 4.4 million cases are stuck! No one knows when these cases will be resolved.

On Saturday (October 19), reports in the media indicated that the backlog of cases in the country's higher and lower courts continues to grow. When the judiciary was separated from the executive branch on November 1, 2007, there were 1.57 million cases, a number that has now exceeded 4.4 million. Although recommendations for amending certain legal provisions related to the judiciary have been made over the past 15 years to address this backlog, most of them have not been implemented due to government apathy. Additionally, the number of judges is insufficient compared to the volume of cases. In this context, ensuring swift justice has become a significant challenge.

According to available information, while some initiatives by the current Awami League government and the judiciary have increased the rate of case resolutions, it has not been sufficient. The resolution rate remains low compared to the number of cases filed. Land-related cases have been pending in courts for two to three decades, and the number of criminal cases is also on the rise, particularly those of a political nature. The existing criminal and civil judicial systems in the country are over a century old.

The Civil Procedure Code is 116 years old, and the Criminal Procedure Code is 126 years old. The Evidence Act is even older at 152 years. Lawyers argue that this outdated judicial system poses a barrier to ensuring swift justice in the current context. To expedite judicial processes, it is essential to reform century-old laws and introduce new legislation, along with leveraging information technology. Amendments to certain provisions of the Evidence Act of 1872 are also necessary.

Regarding the swift resolution of cases and reducing backlog, the Law Commission submitted a report to the parliamentary standing committee on the law ministry in August last year. The report identifies five main causes of case backlogs: insufficient judges, inadequate appointment of judges in specialized courts, false and harassing lawsuits, a lack of human resources, and weak infrastructure.

Additionally, the report recommends the urgent appointment of at least five thousand judges at various levels over the next four years, along with the use of information technology in the courts. In 2012, the commission also recommended amending outdated laws, including criminal laws and the penal code, as well as appointing sufficient judges to reduce the case backlog. However, most of these recommendations have not been implemented.

We hope that the country’s judiciary will be modernized to ensure swift justice and clear the backlog of cases. If necessary, more judges should be appointed, and modern technology should be utilized in the courts. We expect the current government to pay urgent attention to these reforms. Among the interim government's advisors is legal expert Asif Nazrul, who currently serves as the advisor on law, justice, and parliamentary affairs. We anticipate that he will play a significant role in resolving the case backlog.