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Founder : Barrister Mainul Hosein

Judiciary must overcome cases backlog thru major overhaul

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THIS newspaper on Sunday reported that Bangladesh’s judiciary is at a critical juncture, grappling with a staggering backlog of over 3.5 million cases in subordinate courts.

This monumental issue not only undermines the rule of law but also inflicts severe emotional and financial strain on millions of litigants.

As reported, approximately 760,000 cases have been pending for over six years, revealing systemic inefficiencies that demand immediate attention.

The current judicial framework, with only six justices in the Appellate Division and 78 in the High Court Division, is woefully inadequate for a nation of approximately 170 million people.

Legal experts assert that an infusion of at least 5,000 additional judges is essential to alleviate this crisis.

The Law Commission’s call for increased judicial capacity is not merely a bureaucratic suggestion; it is a necessary step towards restoring faith in our legal system. Several factors contribute to this backlog.

The shortage of judges, which hinders the efficient administration of justice, is compounded by inadequate infrastructure and funding.

Administrative delays, uneven distribution of cases, and outdated case management practices further exacerbate the situation.

Land-related disputes in particular suffer from poor record preservation, leading to interminable delays that leave litigants in limbo.

Moreover, witness absenteeism and procedural delays, particularly those arising from the High Court’s summoning processes, create a vicious cycle of inefficiency.

Each of these issues, while seemingly isolated, compounds the others, leading to a judicial system that is overwhelmed and unable to serve its citizens effectively.

The financial implications for litigants are dire. As legal fees continue to rise in response to prolonged proceedings, therefore access to justice becomes increasingly out of reach for the average citizen.

This is not just a legal issue; it is a matter of social justice and equity.

We strongly urge the government to take decisive action to address the backlog that is impacting the masses.

Investments in judicial infrastructure, the recruitment of additional judges, and the implementation of modern case management systems are essential steps towards a more efficient and equitable judiciary.

The time for reform is now particularly as the incumbent interim government is undoubtedly working in the best interests of ordinary citizens.

We must act to ensure that justice is not only a right but also a reality for all Bangladeshis.

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