Judge shortage leaves 3.5m cases pending in courts

Shahariar Islam Sovon :

Bangladesh’s judiciary is grappling with a substantial backlog of over 3.5 million cases in subordinate courts, exposing systemic challenges that have left litigants enduring prolonged waits, rising legal fees, and considerable stress. Supreme Court data from December 2022 shows approximately 760,000 cases have been pending for more than six years, affecting both civil (770,000 cases) and criminal (1.92 million cases) matters.

As of August 2024, the country has only six Justices in the Appellate Division and 78 Justices in the High Court Division, alongside around 1,800 lower court judges – an insufficient number for Bangladesh’s population of approximately 170 million.

Legal experts have stressed the urgent need for at least 5,000 additional judges at various levels to address the backlog effectively.

The Law Commission believes that increasing the judiciary’s capacity could help reduce the caseload to a manageable level.

Experts attribute the backlog to several factors, including the shortage of judges and systemic inefficiencies.

“The shortage of manpower, coupled with inadequate infrastructure and funding, are key contributors to the issue,” a legal analyst told The New Nation.

Additionally, the filing of unnecessary cases, administrative delays, uneven distribution of cases, and outdated case management practices further exacerbate delays.

Land-related cases often encounter lengthy delays due to poor preservation of records.

Witness absenteeism, discontinuity in hearing schedules, and procedural delays caused by the High Court’s summoning processes add to the system’s inefficiencies.

The financial impact on litigants has been severe, with legal fees rising significantly over time.

Many citizens, especially those from marginalised communities, have been compelled to abandon legitimate cases due to the high costs of prolonged litigation.

“Justice is becoming increasingly inaccessible to ordinary people, who are burdened by financial strain and endless waiting periods,” said a senior advocate.

To address the rising case backlog, Barrister Mohammad Mashiur Rahman emphasised the urgent need to increase judicial manpower.

While talking to The New Nation, he pointed out that the insufficient number of judges makes it exceedingly difficult to resolve pending cases efficiently.

The shortage of judicial resources has led to prolonged delays in case resolutions, aggravating the backlog and hindering the justice delivery system.

Addressing this gap and exploring judicial reforms are essential to improving the efficiency of the legal process and ensuring timely access to justice.

Experts are calling on the government to prioritise judicial reforms, including equitable case distribution, administrative accountability, and infrastructural improvements.

They also recommend expanding the judiciary and modernising case management systems to improve efficiency.

For Bangladesh, tackling this backlog is vital to restoring public confidence in the legal system.

“Without urgent reforms, the judiciary’s backlog will only grow, and justice will remain out of reach for the average citizen,” a legal expert warned.