Update April 30, 2016

Dhaka 12-02 am, 23-April, 2021

Appoint judges to avert ‘collapse of judiciary’: Law Commission

Sumel Sarker

Supreme Court

Appoint judges to avert ‘collapse of judiciary’: Law Commission

30 April 2016, Nirapad News: Lamenting the very poor judge-people ratio in the country, the Law Commission has recommended the appointment of 200 judges every year to avert the collapse of the judiciary.

“Over 30 lakh various cases have long been pending with different courts and the number is on the rise. A too inadequate number (approved post 1655) of judges are responsible to settle these cases,” the Commission said.

It said, “But there’s no way to deny that the rate of case settlement is higher than any other country of the world compared to the ratio of the judges. Our judiciary is bound to collapse if quick action is not taken to resolve this abnormal case backlog.”

The Commission made the recommendations in its annual report 2015 submitted to President Abdul Hamid recently.

In the report, the commission observed that the country needs at least 4000 judges. According to its calculation, the posts of 2400 more judges are required to be created.

“Though it is not possible to recruit such a large number of judges within a short time considering the reality, 200 new judges can be recruited every year,” the report said.

The country now has got 1655 approved posts of judges against 16 crore people. Of them, according to a report of Supreme Court, 457 posts are lying vacant. In fact, 1198 judges are now on-duty. The ratio of Judge and people is 1: 152000; which means one judge for every 152000 people.

As an interim solution, the Commission said efficient, honest and retired district judges can be appointed. “Time has come to consider budget allocation and organisational structure in this regard. Otherwise, it wouldn’t be possible to bring down the number of pending cases.”

In its recommendations for the High Court Division of the Supreme Court, the Commission suggested formation of a ‘Monitoring Cell’ led by the Chief Justice to observe the case settlement at the High Court Division.

It also recommended increasing the number of vacation benches to ensure quick sending of copies and records of the verdicts to lower courts from the Supreme Court.

In its recommendations for lower courts, the Commission suggested setting up of adequate courtrooms in courts across the country as in many districts two or more judges run their activities in a single courtroom.

It also recommended introduction of PCs for typing replacing the existing type machines, ensuring timely presence of witnesses to deliver a verdict within a logical time, shunning delay without any reason and avoiding adjournment of any hearing except abnormal situation.

The Law Commission thinks that the promotion of the judges should be on the basis of their ACR and verdict given by them, not only based on seniority.

It is the demand of time to establish Case Management Authority at national level to observe the status of cases under trial across the country, the Commission observed.

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