Dhaka //

The implementation of the recommendations of the Judicial Reforms Commission will begin soon, said Syeda Rizwana Hasan, Advisor on Environment, Forest and Climate Change. She said that several important changes will be made to the existing CrPC as part of the implementation.

She made this information at a press briefing at the Foreign Service Academy in the capital on Thursday (April 17).

As part of the judicial reforms, summons will be issued through modern technology including telephone or SMS, Advisor Rizwana said.

Earlier, on October 3, 2024, the Cabinet Division issued a notification to form this commission headed by former Supreme Court Appellate Division Justice Shah Abu Naeem Mominur Rahman.

On February 8 of this year, the Reforms Commission made 28-point recommendations for the reform of the judiciary.

The 28-point recommendations of the commission include- 1. Appointment and discipline of Supreme Court judges; 1.1. The decision of the Chief Justice shall prevail in determining the number of judges in both divisions of the Supreme Court and the senior-most judge shall be appointed as the Chief Justice in the work of the Appellate Division; 1.2. To enact a law to constitute a ‘Supreme Court Judges Appointment Commission’ consisting of 9 (nine) members headed by the Chief Justice to appoint judges of the Supreme Court in the most transparent manner possible; 1.3. To select and recommend candidates on the basis of open applications by the Commission constituted under the law enacted. The President shall appoint judges on the basis of the recommendations of the Commission; 1.4. To formally formulate and publish by the Supreme Judicial Council a code of conduct to be followed by judges of the Supreme Court, former judges and persons holding positions that are not removable except through the procedure applicable to judges of the Supreme Court; 1.5. To empower the Council to conduct investigations into complaints against judges on its own initiative and to recommend necessary action in addition to requests received from the President.

2. Appointment and conditions of service of judges of subordinate courts: Formation of Pay Commission under Rule 4 of Bangladesh Judicial Service (Pay Commission) Rules, 2007 and formulation of new recommendations regarding salaries and allowances of judges, formulation of code of conduct and transfer policy for judges and taking necessary measures to protect the dignity of judges.

3. Establishment of a separate Supreme Court Secretariat by amending Article 116 of the Constitution and bringing full control of the transfer, promotion, leave grant and disciplinary measures of judges of subordinate courts under the Supreme Court by ending the executive authority. For that purpose, amendment of the relevant rules of the Judicial Service Division. Amendment of Article 88 of the Constitution to include the remuneration of judges and employees of the Judicial Service Division under the expenditure liable to the Consolidated Fund.

4. Decentralization of Courts 4.1. Establishment of permanent benches of the High Court Division in each divisional headquarters outside the capital by amending Article 100 of the Constitution. However, the integrity or indivisibility of the jurisdiction of the High Court Division should be maintained in such a way that the jurisdiction of the High Court Division in exercising authority throughout the country due to the establishment of permanent benches is not divided by any geographical boundary, and the single character of the state is not damaged; 4.2. Establishment of courts of Senior Assistant Judges and First Class Judicial Magistrates in various upazilas of the country, considering the geographical location and characteristics of the upazila headquarters, distance from the district headquarters and transportation system, population density and arrangement and case load.

5. Permanent Government Attorney Service- 5.1. Proposal to establish a permanent Attorney Service to handle civil and criminal cases on behalf of the state in the Supreme Court and subordinate courts and to formulate appropriate provisions for that service including specific structure, recruitment procedure, promotion, transfer, discipline, salary structure, financial benefits and ancillary matters; 5.2. Establishment of Attorney Service as a permanent pensionable government job. Formulation of a law containing appropriate provisions for the service including specific structure, recruitment procedure, promotion, transfer, discipline, salary structure, financial benefits and ancillary matters. Provision of adequate infrastructure, budget allocation and support manpower; 5.3. The proposed service will have two branches: (a) the Supreme Court Attorney Service consisting of the Assistant Attorney General, Deputy Attorney General and Additional Attorney General and (b) the District Attorney Service consisting of the Assistant District Attorney, Senior Assistant District Attorney, Joint District Attorney, Additional District Attorney and District Attorney. 5.4. Provisions to be made for a transitional period so that the Attorney Service can function effectively even before the proposed framework is fully implemented.

6. Presidential Pardons To establish a Board to control the exclusive power of the President or the Executive to grant pardons to criminals finally convicted by a court, on the basis of whose recommendations the decision to grant pardons will be taken.

7. Independent Criminal Investigation Service – 7.1. The Government shall, by law, constitute a separate investigation service comprising the manpower currently employed in various investigation units. The establishment of the service, the regulation of the terms and conditions of employment in that service and all provisions for the operation of that service shall be incorporated, as far as possible, in the principal law. Amendments to the Code of Criminal Procedure, 1898 and other laws in which criminal investigation is mentioned and the Police Act, 1861 and the Police Regulations, 1943 shall be amended; 7.2. This service shall be completely separate from the police force. Their recruitment, conditions of service, control, budget, infrastructure and ancillary matters shall be under a separate institutional structure. The service shall be independent in the discharge of its duties and exercise of its powers; 7.3. A new law shall be enacted for the formation of this service. Appointment and assimilation of police officers on deputation during the transitional period; 7.4. Although the Investigation Service is run by the Ministry of Home Affairs, its officers cannot be dismissed without the prior approval of a higher commission to ensure that they are not subject to political influence.

8. Constitutional Amendments Related to the Judiciary 8.1. Amendment of the provisions of the Constitution relating to the appointment of the Chief Justice and other judges, including: Article 48 (3) (to empower the Appointments Commission by limiting the powers of the President), 55 (2) (to separate the appointment of the Chief Justice and other judges from the executive powers of the Prime Minister), 94 (to give primacy to the opinion of the Chief Justice in determining the number of judges and to make the minimum number of judges of the Appellate Division 7 (seven)), 95 (the President shall appoint the senior most judge in the work of the Appellate Division as the Chief Justice, i.e., the President shall have no discretionary power or influence of the executive branch in the process of appointing the Chief Justice).

9. Organizational structure of subordinate courts: Increasing the number of judges of subordinate courts in the light of cases and population. Bringing uniformity in the manpower structure and type of vehicles and office equipment of similar courts and eliminating procedural complications in the creation of posts of judges. Establishment of separate commercial courts. Same type of support staff of the same grade Appointment on the basis of merit in the same manner as recommended by the Judicial Service Commission.

10. Financial Independence of the Judiciary 10.1 There will be a committee of the Supreme Court to determine the budget of the Judiciary and representatives of the executive branch will be members of that committee. To spend the allocated budget independently and to allocate development budget for the Supreme Court with full power to appropriate and re-appropriate it. Increase the budget of the Judiciary.

11. Use of information technology in judicial proceedings- 11.1 In the first phase, amend the relevant laws for the use of information technology in judicial proceedings. Implement the e-judiciary project. Start the e-filing process in civil courts. Encourage e-filing by giving priority to e-filing cases by reducing/waiving court fees and fast-tracking for speedy hearing and disposal. In addition to the current system, introduce a system for paying all court fees, costs, fines and other fees including e-filing through e-payment in all courts. Display 100% case information through the e-cause list module. Taking testimony, appearance of the accused, and other related matters are carried out through online activities.

12. Physical Infrastructure of Subordinate Courts- 12.1. To undertake a feasibility study project to examine the feasibility of constructing buildings in 37 District and Sessions Judge Courts where buildings have not been constructed, and based on the recommendations of the project, to undertake upward expansion projects in those cases where there is scope for upward expansion of the buildings and to undertake projects for construction of new District and Sessions Judge Court buildings in other cases.

13. Supreme Court in Court Management 13.1. To increase the number of judges in the Appellate Division and High Court Divisions, especially to ensure that at least 3 benches are operating in the Appellate Division at all times; 13.2. To ensure that notices of cases are issued within a reasonable time and prepared for hearing, by making joint arrangements with the Postal Department, to ensure that notices are returned within a maximum of 30 (thirty) days; 13.3. To make arrangements for online submission of mention-slips so that the time of lawyers and the court is not wasted due to this and the working hours of the court are increased. Expanding the use of technology in case registration in the High Court Division; 13.4. Formulating a policy on bench reconstitution, so that the concerned judge or judges can be informed a specific time before the bench reconstitution; 13.5. Making changes in the jurisdiction of the Chamber Court of the Appellate Division, so that applications for stay orders, except for specific and very urgent matters, are disposed of by regular benches; 13.6. Expanding the use of the Supreme Court web portal to make electronic copies of every order and judgment of both divisions of the Supreme Court available online.

14. Alleviating harassment of trial seekers Providing remedies for the harassment of trial seekers due to various reasons such as judges’ holidays, celebrations of various days, not publicly announcing the next date in the court, closing of court proceedings due to the death of a lawyer, etc.

15. Preventing corruption in the judiciary 15.1. Formulating a code of conduct with clear provisions against corruption applicable to judges of the Supreme Court and all subordinate levels. To send the details of assets of the judges of the Supreme Court and subordinate courts to the Supreme Court every three years and to publish it to the public through the website; 15.2. To publish the details of assets of the supporting officers and employees of the Supreme Court and subordinate courts every three years on the website of the Supreme Court in the case of the Supreme Court and on the website of the district courts in the case of the subordinate courts; 15.3. To set up a complaint box in the Supreme Court for the complaints of corruption against the judges of the Supreme Court to reach the Supreme Judicial Council in writing and to provide a dedicated email address to the public for filing complaints through email; 15.4. To form a 3-member preliminary investigation committee consisting of judges of the Supreme Court to investigate the allegations of corruption against judges working in subordinate courts. To issue a decision by the investigation committee every 3 months. To set up a complaint box in the Supreme Court and to provide a dedicated email address to the public for submitting complaints to the investigation committee. To review all the complaints filed by the committee formed at the district level to investigate the allegations of corruption against the auxiliary officers and employees of the subordinate courts and to recommend necessary action against the accused officers and employees; 15.5. To set up a complaint box in each judgeship and magistrateship for filing complaints of corruption against the auxiliary officers and employees of the subordinate courts and to provide the public with a dedicated email address (which will be different for each judgeship and magistrateship) through the website so that the victim of corruption can report his complaint through email; 15.6. To form an investigation committee in each district of the country through the Bangladesh Bar Council to receive and resolve separate complaints in order to prevent corruption among lawyers; 15.7. To introduce a complaint redressal system to prevent corruption in the judiciary.

16. Legal aid activities. 17. Alternative dispute resolution. 18. Reduction of case backlog. 19. Village courts. 20. Mobile courts. 21. Law reforms. 22. Training of judges and support personnel. 23. Reforms in the legal profession. 24. Reforms in legal education. 25. Prevention of false and harassing cases. 26. Culture of impunity. 27. Freeing the judiciary from political influence and 28. Development of social and moral values.

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