PPs, GPs avoid hearings due to security concerns

Although two months have passed since the fall of the Sheikh Hasina government, over 500 Public Prosecutors (PPs) and Government Pleaders (GPs), appointed during that administration, have yet to participate in hearings in Dhaka's judicial courts. As a result, the judicial activities of the Metropolitan Magistrate, Judicial Magistrate, and Metropolitan Sessions Judge courts, among others, have come to a standstill.

Several PPs, speaking anonymously to Views Bangladesh, said that, "Due to concerns over our security and uncertainty about whether our appointments will be retained in the changed circumstances, we are not attending hearings." However, they are regularly present in their respective chambers.

They claim that they are avoiding hearings to prevent any unpleasant incidents in the courtroom. Additionally, many are concerned that a decision regarding their appointments could come at any moment, and they do not want to get entangled in any complications during this period.

Investigations reveal that although some positions have been vacated following the dismissal of appointees from the previous government, the interim government has not filled these vacancies.

Abdullah Abu, who served as the chief public prosecutor (PP) of the Dhaka Metropolitan Sessions Judge Court for the last 15 years, has not appeared in court since the government's fall on August 5. On August 28, the interim government revoked his appointment. On the same day, the Ministry of Law appointed senior lawyer Ehsanul Haque Samaji to that position. However, just two days after his appointment, Samaji cited personal reasons and expressed his inability to take on the responsibility. On August 29, he sent a letter to the Solicitor's Department of the Ministry of Law, Justice, and Parliamentary Affairs (GP-PP branch), raising his objections.

In the letter, Samaji stated that while he was grateful to the ministry for appointing him as the PP of the Dhaka Metropolitan Sessions Judge Court, he could not assume the role due to personal and family reasons. As a result, he never took up the position, leaving it vacant. This has caused chaos in the trial of important criminal and civil cases, with hearings being repeatedly postponed.

One such case involves Tofazzal Hossain, a defendant in a criminal case from Ashulia, who is currently in jail. His bail application was submitted to the Dhaka District and Sessions Judge Court on August 12. However, since no state lawyer (PP or GP) was present that day, the court rescheduled the hearing. Despite the bail application coming up for hearing three times between then and October 4, no progress has been made due to the absence of state lawyers in Dhaka’s judicial courts for the past two months.

Sources from the Dhaka Bar Association said that there are over a hundred judicial or lower courts in Dhaka. Public prosecutors in these courts have refrained from performing their regular duties. On the one hand, no transfer orders are being issued for them, and on the other, new PPs and GPs are not being appointed to replace them. However, during this period, a verdict was given in a highly publicized exam question paper leak case on September 26, where 10 individuals were convicted, and 114 were acquitted. The government prosecutor handling the case was not present in court on the day of the verdict.
Z.I. Khan Panna, Chairperson of the Ain O Salish Kendra (ASK) and senior lawyer of the Supreme Court, told Views Bangladesh, "The absence of state lawyers has led to a paralysis in the judicial proceedings of Dhaka's courts. Competent and qualified lawyers need to be appointed as state prosecutors (PPs and GPs) as soon as possible, or else the backlog of cases will become even more severe."

Parvin Sultana, a member of the Dhaka Bar Association and a Supreme Court lawyer, told Views Bangladesh, "Public Prosecutors (PPs) handle criminal cases on behalf of the state in the metropolitan and district courts, while Government Pleaders (GPs) represent the state in civil cases. Although two months have passed since the fall of the government, no new state lawyers have been appointed to Dhaka's lower courts. Since August 5, none of the over 500 PPs and GPs from the previous government have appeared in court, which has stalled many of our cases. The courts are merely postponing dates."

She added, "There is no Chief Public Prosecutor (PP) in Dhaka’s Metropolitan Sessions Judge Court, which is causing significant problems in case hearings. This issue needs to be resolved quickly."

Jahangir Hossain, a lawyer and member of the Dhaka Bar Association, told Views Bangladesh, "In any case, there are two parties, the plaintiff and the defendant. State lawyers (PPs and GPs) assist in representing the plaintiff’s side. In some cases, only state lawyers represent the plaintiff. But since August 5, no state lawyers have been present in any of Dhaka’s courts. In such a situation, who will speak for the state? This is why case hearings are at a standstill. Lawyers and litigants are suffering, and the backlog of cases is growing. Recovering from this damage will be difficult."

Barrister Mahbub Uddin Khokon, President of the Supreme Court Bar Association, told Views Bangladesh, "A list of potential lawyers for new PP and GP appointments has been sent to the Ministry of Law. The recruitment process is ongoing. I have heard that the appointment notification will be issued soon, and we are waiting for it."