Abuse of the Judicial System
Sohul Ahmed Moku: The Legal observer appreciated the comment of the Judiciary Reform Commission Chairman Justice Shah Abu Naeem Mominur Rahman on 8 October 2024 said easing the plight of the commoners is a crucial point in the reformation of the judiciary and the commission’s prime focus is to reduce court fees and case backlogs.
The Legal observer believes that The Commission should consider reforming the current Civil Procedures Code in the light of the following facts and proposal. Some clients have been abusing the judicial system in support of their dishonest Legal representative; hence the Judge is unable to protect the system due to the loophole system.
The following example, among other similar cases, is based on real facts. In 1985, A defendant had a paddy land near the road. In 2002, The government surveyor included some land in the government record in the name of Plaintiff. The local people and a Defendant protested these irregularities, and as a result, the Surveyor amended the record in favour of the defendant. The Plaintiff started administrative proceedings against the innocent Defendant through the Upazila AC land office.
The AC land office delivered a determination in favour of the Defendant. The Plaintiff became aggrieved and appealed to the Assistant Judge Court against the AC land office determination. When the Assistant Judge Court fixes the hearing The Plaintiff’s Lawyers continue to file adjournment petitions and the judge grants adjournment petitions. Both Defendant and the Plaintiff’s lawyers taking their fees from both parties. After three years, The Assistant Judge Court fixed the date for the final hearing heard the case on the due date and delivered Judgement in favour of the Defendant in the absence of Plaintiff.
Again, the Plaintiff lodged an Appeal after appealing to several senior courts and abusing court time by submitting adjournment petitions as he did in Assistant Judge Court, but the Plaintiff failed to obtain judgments in his favour from the District Judge Courts. From the AC land office to the District Judge Court takes 16 years. The Plaintiff took a rest for 2 years and suddenly, he lodged a writ to the High Court Division against the Judgement of the District Judge Court by appointing a senior lawyer. After 2 years, the High Court ordered and asked the Petitioner to file the case to the newly formed District Land Tribunal.
The Petitioner lodges his Petition to the District Land Tribunal as per High Court order and the case is pending for hearing for the last 1 year. The defendant already spent his money in 21 years and had no trust in the judiciary but his hope on his almighty that he would get justice. This case prime example of abuses of the judicial system. The question is why in the first instant the Courts accepted such a bogus meritless case rather than reject the Plaintiff’s petition. Similarly, why appointed Lawyers fail to advise the Plaintiff that his case had no merit? The reform needed in civil proceedings.
The reform proposal
In the first instance, the new or appeal civil suit should be heard by the Judge. According to both parties’ lawyers’ argument with pieces of evidence either the The judge dismissed the petition or allowed the petition. If a petition is allowed, then the Judge should give direction for the time limit for submitting relevant evidence and the final hearing date should be fixed within 6 months. If disallowed, then the The judge should warn the Legal representative if they accept such a meritless case then he should get a monetary penalty for the waste of the Court’s time. So, both parties save their finance and reduce the backlog of cases.
Author is an Advocate, Bangladesh Supreme Court and Solicitor (Lawyer), Supreme Court of England.
