Law Commission Report: Failure to produce witnesses badly hampers criminal trial proceedings
Gulam Rabbani :
A Law Commission report has said that the police administration’s failure in ensuring the presence of the witnesses in the court after a criminal case is elevated to the trial level is the main cause of delay in the trial proceedings of the criminal cases in courts across the country.
The report further said the rate of absenteeism of the Investigating Officers is highest among the trial procedures.
This is followed by the absence of the witnesses on the seizure list, which is essential for showing evidence seized in criminal cases, and the Medical Officers.
The Law Commission which is chaired by the former Chief Justice A B M Khairul Haque has sent such a report to the Parliamentary Standing Committee on Ministry of Law, Justice and Parliamentary Affairs recently.
The Law Commission on August 29 submitted the report on the pending cases with different courts at a meeting of the Parliamentary Committee on the Ministry of Law, Justice and Parliamentary Affairs.
“Moreover, sometimes criminal cases are also delayed due to non-appearance of the complainant to testify in support of the charges. As the trial is progressed, the ratio of witnesses’ attendance also decreases,” also read the report.
It said in spite of the legal obligation, in most cases if the warrant issued by the court to confirm the presence of the witness is not properly served, or if it is impossible to serve, any report from the concerned police station is often not sent to the court before the date specified in the warrant.
No visible improvement has been observed although copies of orders have been repeatedly sent by the courts to the Superintendents of Police or the IGP to ensure the presence of witnesses.
The Law Commission has suggested that the police administration should be brought under accountability for ensuring the presence of witnesses in criminal cases. Besides, the concerned District Judge will take measures to send the list of the warrants which have not been executed to the Supreme Court every month for taking necessary action.
