Overwhelmed judiciary grapples with 42 lakh case backlog

In a country grappling with an overwhelming caseload, new cases are filed daily in all courts, contributing to an incessant burden of litigation. As a result, there is hardly any reduction in the backlog of cases. Presently, the Supreme Court and various lower courts are handling more than 42 lakh cases. Legal experts have commented that the prolonged nature of cases, unwarranted lawsuits, and the ongoing COVID-19 pandemic have disrupted judicial proceedings for the last two years.

Until December 2023, a total of 4,208,206 cases were pending in the courts of the country. During this period, the Appellate Division of the Supreme Court had 26,453 cases, and the High Court Division had 515,508 cases. The remaining cases were under the jurisdiction of district judges, chief judicial magistrates, metropolitan magistrates, and various other judicial courts across the country.

In the past decade, a total of 69,861,061 cases have been filed anew or revived. In comparison to disposals, the number of cases filed has increased by more than 27 million in the last 12 years. According to sources from the Supreme Court administration, the lawyers believe that the protracted nature of cases is one of the primary reasons for the backlog of cases. The prolonged delay in hearings at the lower courts and high court contributes to the accumulation of pending cases. Military and civil cases often take a considerable amount of time, ranging from 20 to 30 years for resolution. While writ petitions may see somewhat quicker disposals, the final resolution in some cases may still take five to seven years.

According to court sources, over the past decade, the rate of case disposals has been lower compared to the rate of case filings. This has resulted in an increasing number of unresolved cases, creating a significant backlog. Despite extensive planning to alleviate the backlog, the clearance of pending cases has not seen notable progress. The impact has also been observed in the higher courts. Even during the COVID-19 pandemic, where there has been an increase in crime, arrests, and new cases, the rate of case disposals has not kept pace. This phenomenon has affected the High Court as well. Currently, the entire judicial system, including the High Court, is grappling with around 42 lakh pending cases. The clearance of these cases remains a challenging task for the Judiciary Division. Various initiatives have been undertaken to reduce the backlog of cases, but the issue persists.

Increasing the number of judges and judicial staff, developing the infrastructure of the courts, population growth, reevaluation of laws, alternative dispute resolution mechanisms, case management, and judicial administration improvements have not succeeded in reducing the case backlog. Despite various efforts, the issue continues to escalate. Even with substantial investments in the judiciary, the problem of prolonged legal proceedings persists. The burden of endless litigation, coupled with skyrocketing expenses, is causing severe hardships for litigants. Many families face financial ruin due to protracted legal battles. Incidents of fraud involving land, property, and household assets are not uncommon. Moreover, land-related disputes have endured through generations, affecting millions of people in the country.

Basically, the litigation starts from the lower court. From there, the case went to the High Court and later to the Appellate Division. But the government does not have any specific plan to reduce this mess.

A civil case of Nasr Uddin (64) of Sachibunia village of Khulna’s Batiaghata upazila is awaiting hearing in the High Court. Barrister Badruddoza Badal, the lawyer of this case regarding the ownership of 12 percent of the land, said that the case was filed in a court in Khulna in 1994. There is a verdict in favor of Nasr Uddin. After that, the defendant Akkas Kazi challenged the judgment of the trial court and appealed to the High Court. The case was listed for hearing in 2018, and several hearings have taken place since then. However, as of now, the case has not been disposed of, indicating that it has been pending in the legal system for over 30 years.

On January 1, 1989, Md Faruk Hossain was accused in the case of the murder of Azhar Ali in Magura. Faruk was arrested in this case on February 22, 1990. Faruk was sentenced to life in prison in 1996 by the judgment of the judicial court in the case. Since then, the case has been pending for final disposal. However, with the help of human rights organization Legal Assistant to Helpless Prisoners and Persons (LAHP), Faruk was released on bail in 2019 after 29 years. According to the prison rules, his imprisonment was 22 years and 6 months. He had to remain in prison for this long because there was no counsel. The case is still pending in the High Court. That is, even after 34 years since the incident, the case has not been finally settled.

Senior lawyer Yusuf Hossain Humayun, a Supreme Court attorney, stated regarding Bangladesh, "Increasing efficiency in the lower courts through proper planning, reducing the workload in the High Court with writ applications, empowering lower courts with jurisdiction over criminal and civil cases, and minimizing annual leaves could, to some extent, alleviate the backlog."

Fauzia Karim Firoz, a lawyer and human rights activist at the Supreme Court, said, "The prolonged imprisonment without trial and the delay in case disposals, without a doubt, contribute to the growing backlog, causing a bottleneck in the justice system. Addressing this issue is only possible if everyone involved is conscious and proactive."

Senior lawyer Manzil Morshad said, "The backlog of cases has reached a critical level. In this context, the state must take initiative to reduce case delays. Judges also face challenges, and those issues need to be addressed. Lawyers should refrain from constantly seeking adjournments to avoid wasting time."

He further added, "Due to inadequate judges and court resources, lower courts are not granting relief from case backlogs. Many cases are not receiving a hearing date even after a year, causing extreme frustration for lawyers and litigants. Swift resolution of these issues is imperative."

Regarding the matter, Attorney General AM Amin Uddin told Views Bangladesh that, "While there is still some backlog of cases in the courts, it has decreased to some extent. Many cases are being heard, particularly in the appellate courts, and the rate of case disposals has increased. In 2022, more than 30 cases leading to convictions have been heard in the High Court, a phenomenon not seen before. The state is actively working to reduce case backlogs. The chief justice has given directives to reduce case delays. Monthly reports on case details are being collected at the district level. After concluding old cases, there is a concerted effort to expedite the resolution of new cases. Prolonged cases cause immense suffering to people."

On this matter, Law Minister Advocate Anisul Haque told Views Bangladesh that, "Reducing case backlogs is a lengthy process; it cannot be rushed. Upon assuming the position of Law Minister in the new cabinet, I have taken fresh initiatives to reduce case backlogs. Discussions will be held with the Supreme Court to prepare specific guidelines so that cases can be disposed of quickly."