Chief Justice lays out his vision
Selected extracts of the Reply Address by Mr. Justice S. K. Sinha, Chief Justice of Bangladesh on his Felicitation by the Bar, January 18, 2015
A mutual respect and trust between members of the Bench and the Bar is essential at this juncture of the judiciary. Existence of the rule of law is a condition precedent in a democratic polity and it demands a high sense of respect for the judiciary in which the nation reposed its trust and confidence for upholding the rights of the people. It is often said “Where the rule of law ends, the tyranny begins”. As per the Constitution, the responsibility of establishing the rule of law is vested in the Supreme Court and the Bar plays an important role for ensuring the principles of the same. A strong but a courteous Bar is certainly the best friend of the Bench, and it is the Bar which can school-up a judge, who will be a priest in the temple of justice.
We may deserve a place in the history, only if the efforts of both lawyers and Judges are put together for the cause of justice and service to the public. The legal profession always carries with it a great sense of responsibility. The public look at us to provide them the “elusive justice” and lawyers and Judges are the instruments to do so. Like a temple cannot remain closed, a temple of justice should not remain closed for the teeming millions of the country.
Lawyers and Judges have to take effective steps towards the vision of better work-culture organizing a transparent system, where the litigant public does not find access to justice as a burdensome adventure. In this age of technology, we cannot expect the public to wait indefinitely for us to find an ideal solution. There has to be prompt justice. So, I would like to express my mind stating the following five-pronged strategies:
i) Pendency of old cases must get priority as litigant has waited enough and one must make sure that the current institution does not result in a similar long pendency.
This is easier to say than done. But nothing is impossible if we make joint efforts in that direction.
ii) A good number of Judges of the District Courts, as reported do not perform any judicial work after the recess hour and they have recently developed a habit of leaving their stations without prior permission just to enjoy the weekends in Dhaka or elsewhere. In the Supreme Court, if we can perform judicial works at least 210 days in a calendar year, I believe, it would yield a good result reducing the case backlogs by 20%. And if all administrative business of the Supreme Court including different Committees' Meetings could be held before or after ordinary working-hours or on the non-working days, it would certainly cause a reduction of backlogs by an extra10%. In the Supreme Court it will not be hard to reduce case backlogs by 15% to 20% if we the Judges can sincerely and strictly maintain the court hours and fully utilize the time allotted for the hearing of cases and judicial works. Similarly in the district Courts, the full utilization of normal Court-hours would easily reduce the existing backlogs by 25% more.
So, may I urge upon all Judges to become a bit more attentive for proper utilization and time management of the court-hours. We the Judges are not supposed to proceed on leave unless it becomes unavoidable for us and should abstain from participating in any functions which may expose us to any public criticism.
iii) The Judges of all strata and court staff need continuous training in case management and court administration. So we must undertake initiatives immediately to prepare a Judicial Policy containing guidelines for combating increasing backlogs and bringing excellence at all level of the judiciary.
iv) At present there are 94 Judges in the Supreme Court and 1500 Judges in the District Courts. Against such meagre workforce in the Supreme Court around 3,65,059 cases and in the district Courts around 24,95,944 cases have been kept waiting for hearing and disposal. In order to address those problems, wehave no alternative but to increase the number of Judges and that should be at least double of the existing number.
v) Use of optimal computer technology coupled with modern Court management system can go a long way to yield a better output. Each suit or case should be able to be tracked from its cradle to grave i.e. when a suit is instituted; right through different tiers of scrutiny; efforts have to be made for early hearing and disposal of the cases. We have to use technology to deal with high volume of pending cases causing backlog in the system.
So, the above predicaments need be addressed taking both legislative and administrative measures. May I request the members of both Bar and Bench to find a way out on those matters and improve the situation.
We know due to insane terrorist activities most of the time innocent people have to face tragic consequences. So I urge upon you all to work together in curbing all forms or manifestations of terrorism.
Terrorism cannot be curbed without a mechanism which would work effectively and ensure punishment of the actual offenders and perpetrators at minimum time and cost. Now-a-days our investigating agencies are not found sufficiently skilled and committed in collecting evidence and materials in support of the charge made against an accused.
I have noticed a propensity among the officers entrusted with the criminal investigations having more interest in publishing the news and information regarding arrest and actions taken against an accused through electronic or print media rather than giving time for and attention to their duty of collecting evidence and supporting materials. Broadcasting of such information of the law enforcing agency in most of the cases hampers even the trial of a case. On principle none can be branded as a criminal or offender, unless it is decided by a competent Court on conclusion of a fair trial. I would thus request all members of law enforcing agency to bring an attitudinal change in their duties avoiding publicities and become more professional than focusing on media.
We know the media and the Courts work obviously in quite different ways. The Courts proceeds carefully through a fair process of law examining the evidence and materials on record produced by the prosecution. On the other hand the media generally operates hastily to cover news which may not in some cases be in line with the real fact or occurrence. I think the judiciary and media are two powerful public institutions and if they could maintain harmony and good understanding with each other, that would reinforce the public confidence in the judiciary and enhance its credibility. The judiciary and law serve justice and the media helps to bring law and justice to the people at large. In true sense, their responsibilities are complementary not contradictory. On this occasion I would request esteemed persons involved in media to cooperate with the judiciary playing a constructive role, so that this institution can run without any hindrance enjoying full public confidence and credibility of all.
In my view the law should assume a new dimension to suit the need of our IT based modern society and it should play a dynamic role like a living organ.
The law is not like an antique to be taken down, admired and put back on the shelve but it is rather like a big tree having its root in the history and puts out new sprouts and occasionally drops dead leaves and wood. In the days of digital era we cannot improve institutional management capacity of the judiciary without integration of a sustainable and cost effective IT technology.
As per the present laws, our formal Court system does not admit any digital document or electronic communication as evidence. I think the time has now come to develop an affordable ICT infrastructure suitable to our legal system and integrate customize software for automation of judicial and administrative functions of the courts. To achieve those objectives, we have to scrap of all existing obsolete laws and rules including Civil Procedure Code, Criminal Procedure Code, Evidence Act, Penal Code, Arms Act, and they are to be enacted by complete overhauling.
We know, those laws were enacted when we had been under the then British colonial regime. That is why, in the existing laws of this land there is no reflection of democratic values. As a democratic nation we have by this time spent around 43 years, but unfortunately we cannot legislate essential laws making them suitable for a democratic nation. So, may I urge upon the Government to take immediate steps in that direction.
It is noticed that the Criminal Courts do not maintain any uniformity in awarding sentences to the convicts for want of a sentencing policy. In our neighbouring countries, as we know, they have already made the Sentencing Rules. I take this opportunity and request the concerned authority for taking immediate steps to formulate the Sentencing Rules containing guidelines in awarding sentences by Criminal Courts of the country.
Besides, some other laws namely Durniti Daman Commission Ain, 2004 including its rules is to be updated and made more effective bringing necessary changes in it, so that the actual perpetrators cannot get off taking advantages of the existing loopholes and flaws in them.
On this occasion I feel tempted to quote Sir Winston Churchill a former Prime Minister of England.
He said: “The service rendered by a Judge, demands the highest qualities of learning, training and character. These qualities are not to be measured in terms of pounds, shillings and pence according to the quantity of work done. A form of life and conduct far more severe and restricted than that of ordinary people, is required from Judges and, though unwritten, has been most strictly observed. They are at once privileged and restricted. They have to present a continuous aspect of dignity and conduct.”
Now-a-days Bar and Bench are subjected to widespread criticism mainly for two reasons – one is that justice is very expensive and other is delay in disposal of the cases. Expenses of litigation may be minimized if learned lawyers take the profession as a social service and charge fees according to the capacity of their clients. To help the poor litigants on going Legal Aid programs should be strengthened both institutionally and functionally.
I believe, a proper administration of justice rests on public confidence and my colleague Judges including myself should function not individually but institutionally. So I require full co-operation from my esteemed colleagues of both the Divisions in discharging my onerous responsibility as the Chief Justice of Bangladesh.
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