Overhaul judicial system based on justice audit

The number of new lawsuits continues to rise as compared to that of the settled cases. At the recently concluded judicial conference, prime minister Sheikh Hasina has expressed concern over the delayed trial in the country.

For years, we have been promised with various initiatives and assurances about reducing the backlog of cases. However, the reality is disappointing. According to the latest report, the number of backlog cases in the courts across the country has increased to 3.6 million. Experts, however, believe the actual number is less than 400,000 to 500,000. Even that number is a matter of grave concern.

The data of the ongoing justice audit system operated by the German GIZ and UKaid show how urgent the reform of the country's existing criminal justice system is. We must thank the law and justice ministry and the justice department that they are determined to take on such an important project like justice audit.

It is true that the efficiency and capacity of our judiciary system becomes the main concern when it comes to any effective change in the criminal justice system and the responsibility of reducing backlog of cases.

Reformation in police administration is the prerequisite for reaping benefit from the criminal justice system. Most of the new cases enter into the court by two ways. Police come first and then the prosecution. The decision of the court depends largely on the efficiency and integrity of these two institutions. But in order to turn these two institutions into viable and sufficiently effective institutions, the home ministry and the law ministry must take appropriate steps.

We hardly see criminals getting punished and we have accepted this. Every now and then we see speedy trial, like in the case of Feni madrasa girl Nusrat.

Perhaps that is why many think the prevailing system is not that bad. But the harsh reality is, although more than 60 per cent of the people still believe in the system, less than one-third of them go to the court when needed.

And it is very urgent that there must be a coordination and balance among three pillars of a state-the executive, the legislature and the judiciary in the exercise of power and jurisdiction. There should not be any competition here. But the dynamics of governance of a state cannot be expected without proper implementation of the separation of power. There will be situations where the legislature will be accountable to the executive. It is a matter of grave concern that the parliament has not been playing its due role.

Again, it is the function of the court to examine whether the legislature has made any law contrary to the constitution and against fundamental rights. That is why the separation of the executive and judiciary was so significant.

We would expect all the stakeholders, including the police, prosecution, village courts, arbitration courts will perform their respective duties whatever needs to be done in the light of data analysis of the GIZ’s project.