HC suggests training for judges to avoid vexation cases
Gulam Rabbani :
In the full text of a verdict, the High Court suggested giving proper training to the judges to keep the judiciary free from false and vexation cases.
It asked the authorities concerned to enhance the basic training course of judges to at least six months and take effective measures for their psychological development during the training sessions.
It also opined for compulsorily keeping a psychologist as a member of the viva board during the oral examination of the candidates in the Bangladesh Judicial Service Commission.
The High Court bench of Justice Md Ashraful Kamal gave the suggestion in the full text of the verdict. Following a civil revision petition, the
judge delivered the short verdict on February 28 in 2022, while full text of the verdict released recently.
The High Court suggested establishment of ‘Bangladesh Judicial Academy’ on the pattern of ‘National Judicial Academy, India’ on 1000 hectares of land in a convenient and quiet environment for training of judicial officers, lawyers, government law officers and judicial supporting staffs.
The suggestion also included for imparting judicial duties to newly appointed judges only after completion of basic training course and conduct 15 days long training at least twice every year for all levels of judges.
It further suggests providing advanced training to the judges outside the country. In that case memorandum of understanding (MOU) with different universities and judicial training centres/institutes/academies of the developed countries may be signed with the state initiatives, also opined the judge.
Modernization and improvement of the Code of Civil Procedure, Civil Rules and Orders and Manual of Practice Instructions for the Conduct of the Civil Cases are important, also read the full text.
The verdict suggests enacting laws and regulations to provide adequate compensation/expenses to aggrieved parties in cases of false, harassing and frivolous civil suits on the lines of UK.
It suggested keeping provision for taking depositions in civil cases (like Land Survey Tribunal) by way of affidavit and to involve the District Legal Aid Officer in settlement of civil cases more and increase his jurisdiction and powers. In that case the laws and regulations should be amended.
It also suggests recruitment of required number of judges and increase adequate logistical support to them including of required security arrangements.
According to the case documents, a civil suit was filed in the court seeking a decree declaring a notification regarding transfer of power supply lines of Kushtia Palli Vidyut Samity (Kushtia Rural Electrification Board) illegal, and not binding on the plaintiff. After the hearing, the Senior Assistant Judge of Kushtia Sadar rejected the petition on June 22 in 2003.
Aggrieved by that order and judgment, the plaintiff filed an appeal. The Additional District and Sessions Judge of Kushtia 1st Court heard the petition and on August 16, 2005, granted the appeal. Then the defendant filed a civil revision with the High Court against this verdict.
In the verdict the High Court upheld the order passed by the Senior Assistant Judge, Kushtia Sadar, in the Title Suit, and set aside the order of the Additional District and Sessions Judge, 1st Court in Kushtia, passed in the Title Appeal.
