Judiciary reforms: Permanent HC benches recommended in all divisions
The Judiciary Reform Commission is set to recommend the establishment of permanent High Court benches in administrative divisional cities outside Dhaka. It will also propose expanding the operations of civil and criminal courts at the upazila level, along with setting up one or more commercial courts in certain district judge courts. This information is included in a draft summary of the commission’s recommendations.
Previously, the reform commission had proposed decentralising the High Court by establishing permanent benches in all divisional cities. The commission submitted its recommendations to the Chief Adviser of the interim government, Professor Dr Muhammad Yunus, on 15 January.
The establishment of a separate judiciary secretariat has long been a demand of stakeholders, including lawyers. The draft recommendation of the Judiciary Reform Commission states that a separate Supreme Court Secretariat should be formed to ensure the judiciary’s complete independence and, above all, to separate it from the executive branch. To achieve this, a new law or ordinance should be enacted.
On 27 October, the Supreme Court administration submitted a proposal along with a concept paper to the Ministry of Law, Justice, and Parliamentary Affairs regarding the formation of a separate judiciary secretariat.
The commission’s draft proposal includes several key issues, including the appointment, disciplinary actions, and removal of Supreme Court judges; the establishment of a Supreme Court Secretariat; ensuring the administrative and financial independence of the judiciary; decentralisation and expansion of the judicial system; the formation of a permanent and independent government attorney service; the creation of an independent criminal investigation agency; addressing the backlog of pending cases; integrating information technology into judicial work; preventing corruption within the judiciary; and ensuring transparency, accountability, and good governance.
Earlier, the interim government established 11 commissions to propose reforms in various sectors, including the Judiciary Reform Commission. This eight-member commission, led by retired Appellate Division Justice Shah Abu Naeem Mominur Rahman, was formed on 3 October. The commission has already sent a preliminary report to the Law Ministry, with the full report expected to be submitted soon.
Lawyer Tanim Hussain Shawon, a member of the Judiciary Reform Commission, told Prothom Alo that the proposal aims to bring justice closer to the people while ensuring that court jurisdiction remains intact.
To achieve this, the commission is recommending the establishment of permanent High Court division benches in divisional headquarters outside Dhaka, which would require an amendment to Article 100 of the Constitution.
Additionally, the expansion of civil and criminal courts at the upazila level has been proposed. The commission’s full report is in its final stage and will be sent to the relevant authorities via email today. A formal submission to the Chief Adviser is scheduled for 5 February.
Decentralising, expanding the judiciary
In the draft summary, the commission stated that each permanent bench should have a clearly defined jurisdiction regarding the areas from which it can receive cases.
However, the full jurisdiction of the High Court Division in conducting judicial work, issuing judgments, orders, and directions must be maintained. This means that the establishment of permanent benches will not fragment the High Court Division’s authority across the country, nor will it compromise the unitary nature of the state.
The draft summary further states that the Chief Justice, either on his own initiative or upon the application of any party involved in a case pending before a permanent bench, may transfer the case to another appropriate bench if there are reasonable grounds or if it serves the interest of justice.
Additionally, the commission emphasised the need for adequate infrastructure to ensure the smooth operation of permanent benches. This includes suitable court accommodations, auxiliary offices, judges' chambers, necessary personnel, and sufficient budget allocations.
If establishing all permanent benches simultaneously is challenging, the implementation can occur in phases, prioritising divisional headquarters as needed.
Court activities at the upazila level
The draft summary includes a proposal to expand the activities of civil and criminal courts at the upazila level, taking several factors into account. The Reform Commission stated that determining which upazilas require new courts should be based on considerations such as geographical location, the characteristics of upazila headquarters, distance and transportation links to district headquarters, population density and distribution, and case load.
The commission also emphasised the need to assess whether existing 'chowki' courts should remain operational or if their geographical jurisdiction should be restructured. It proposed appointing senior assistant judge-level judges to upazila courts and granting them both civil and criminal jurisdiction.
Additionally, legal aid initiatives and alternative dispute resolution mechanisms, particularly mediation, should be expanded at the upazila level to enhance access to justice.
Forming commercial courts
The draft summary states that a law with appropriate provisions should be enacted to establish separate commercial courts for resolving commercial disputes, along with necessary amendments to other laws, including the Civil Procedure Code.
It recommends amending the Arbitration Act and assigning arbitration-related matters—except for international commercial arbitration—to the commercial courts. Additionally, one or more benches with specific jurisdiction should be formed in the High Court Division to handle cases arising from commercial courts.
Once permanent High Court benches are established in divisional headquarters, similar benches can be formed at the divisional level to ensure the swift and efficient resolution of commercial disputes at the local level.
Meanwhile, Chief Justice Syed Refaat Ahmed stated at a seminar in Sylhet on 25 January that significant steps are being taken to establish specialized commercial courts.
Preventing corruption, ensuring transparency, accountability
The draft highlights the urgent need to take several measures to keep the judiciary free from corruption. The commission recommends that details of the assets of Supreme Court and subordinate court judges be submitted to the Supreme Court website every three years and made publicly accessible.
To ensure the independence, impartiality, and effectiveness of district-level court judges, the draft proposal includes several key recommendations.
In its draft summary on the expansion of legal aid services, the Judiciary Reform Commission suggests broadening the scope of the National Legal Aid Organisation. It proposes establishing a platform for resolving cases and disputes through conciliation and mediation, in addition to providing legal aid. To facilitate this, the organisation should be upgraded to a directorate, and a new law should be enacted to replace the existing one.
Supreme Court lawyer Shahdeen Malik told Prothom Alo that, under Article 44 of the Constitution, decentralisation could be experimentally implemented by delegating certain powers of the High Court to selected district judge courts. This approach could help avoid disputes over amending Article 100 of the Constitution.
Additionally, he argued that rather than establishing new courts at the upazila level—which would require significant resources—justice could be made more accessible and efficient by increasing the number of district court judges.
* This report appeared in the print edition of Prothom Alo and has been rewritten in English by Farjana Liakat