Chief justice for in-camera trials at family courts
Chief Justice Syed Mahmud Hossain yesterday said trial proceedings of cases related to familial issues involving women and children should be conducted in camera to avoid any embarrassing situation for them.
Women involved in such cases get insulted and harassed when they are cross examined by lawyers during trial proceedings before family courts, he said.
The chief justice made the remark while presiding over a full bench of the Appellate Division of the Supreme Court while hearing some related cases.
In-camera trial is a proceeding carried out in private, in absence of public and the press.
Asked about the chief justice's comment, Deputy Attorney General Bishwajit Debnath told The Daily Star that the remark was made about all relevant cases involving women and children and not about any specific case.
There are some decisions in the High Court verdicts on this issue, he said.
Section 11 (1) of the Family Courts Ordinance, 1985 says, "A Family Court may, if it so deems fit, hold the whole or any part of the proceedings under this Ordinance in camera".
Section 11 (2) of the same ordinance sates, "Where both the parties to the suit request the Court to hold the proceedings in camera, the Court shall do so".
Meanwhile yesterday, HC bench of Justice Jahangir Hossain Selim and Justice Mohiuddin Shamim asked lawyers to be careful while placing arguments on rape cases virtually.
The bench said lawyers should remain isolated from other family members while virtually conducting rape cases staying at home as unexpected and abusive words are used in such cases.
The court made the remark while hearing bail petitions filed by accused of some rape and violation cases.
Deputy Attorney General Dr Md Bashir Ullah told the court all should be careful while hearing such cases.
If children and female family members hear the descriptions of rape incidents while placing virtual arguments by lawyers, it will create an untoward situation, he said.
Yesterday, HC bench of Justice Md Mozibur Rahman Miah and Justice Md Kamrul Hossain Mollah observed that the trend of recording incidents of rape and torture on women on video and uploading them on social media has become like a pandemic.
There is a law -- the Pornography Control Act, 2012 -- to prevent such acts, but, how many offenders have been punished under this law, the bench questioned.
The HC bench made the question while hearing on a suo muto (voluntary) rule issued in connection with an incident of a gang rape and torture of a woman in Noakhali's Begumganj.
The video footage of the crime, which took place in Eklashpur union on September 2 last year, went viral on social media in the first week of October last year.
On October 5 last year, the HC bench issued a rule asking the government to explain why they should not be directed to take appropriate legal and departmental action against the officials of Begumganj Police Station, including its OC, for their negligence in saving the victim and taking swift action against the perpetrators.
Yesterday, the bench fixed June 10 for further hearing on the rule.
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