Life is more important than livelihood: CJ
Chief Justice Syed Mahmud Hossain yesterday refused to increase the number of High Court benches for dealing with more cases, saying that safety of life is the first priority in this difficult period of coronavirus pandemic.
"We (judges) too have come from the bar (Supreme Court Bar Association). We understand the problems of the lawyers. Both life and livelihood are important. Life is the first priority and then livelihood. We cannot open all the courts in this situation," he said while presiding over a six-member full bench of the Appellate Division of the Supreme Court for virtually hearing and disposing of cases.
The chief justice made the observation after SCBA Secretary Md Ruhul Quddus Kazal requested him to increase the number of HC benches for virtually dealing with more cases.
Ruhul Quddus said only four HC benches are now virtually running for hearing and disposing of cases.
A full bench and chamber judge of the Appellate Division are virtually functioning for five days every week. Lawyers have been habituated to virtually move cases in last one year (of pandemic period). Currently, Ramadan is going and Eid-ul-Fitr is ahead. If the number of HC benches is increased to at least 10, the lawyers would be benefited, Ruhul Quddus said.
Former SCBA vice president Md Ozi Ullah also urged the chief justice to increase the HC benches to deal with bail petitions (on which no rule was issued) and motions.
The CJ said the Appellate Division is now running with only 40 staff members considering the risk of infection and four HC benches need more staffers for operating functions.
More staff members will be required to operate 10 HC benches and they will have to be present physically in courts in this situation, risking more infection of Covid-19, he added.
The CJ said, "I take decisions consulting with all judges. I have reduced the number of benches considering the issues of judges, lawyers and litigants. We will look into the issue of increasing the number of High Court benches considering the coronavirus situation."
"Stay home and stay safe," he said.
Justice Muhammad Imman Ali, a senior judge of the Appellate Division, said many court staff members will have to come to the court if the number of benches is increased, he said. "They have families. We cannot push them into danger," he added.
Obaidul Hassan, another judge of the Appellate Division, said SCBA secretary Ruhul Quddus has considered the issues of only the lawyers, but the chief justice has to take decision considering the whole judiciary.
Meanwhile, the chief justice also said number of judicial officials (lower court judges) need to be made doubled or tripled to reduce the persistently increasing backlog of pending cases. There might be a remedy if the lawyers conduct cases virtually otherwise, backlog of 30 lakh cases will not be finished, he said.
"Two to three ministries are having a conflict over land. It is not being settled. The judiciary has been separated [from the executive] in 2007. Today is 2021. All the lands have not been acquired for constructing the magistrate court buildings. Buildings will be constructed after the lands are acquired," he said.
Senior lawyer and former attorney general AF Hasan Ariff said the apex court may pass an order on the government to construct multistoried buildings for the courts as there is a crisis of land.
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