ADR and Legal Aid Must Be Vanguard of Judicial Reform : CJ

Chief Justice of Bangladesh, Dr. Justice Syed Refaat Ahmed, has called for Alternative Dispute Resolution (ADR) and legal aid to be placed at the very heart of Bangladesh’s judicial reform agenda.

Speaking at the National Conference on ADR: Role of District Legal Aid Committees (DLACs) in Implementing New Legislations held at Hotel InterContinental in Dhaka, the Chief Justice emphasized that the legitimacy of the judiciary “does not flow from decree or position, but from trust.”

The conference brought together high-level participants including the Law Adviser, Public Works Adviser, Attorney General of Bangladesh, EU Ambassador Michael Miller, UNDP Resident Representative Stefan Liller, senior district judges, the Registrar General of the Supreme Court, members of the Bar, and representatives of the media.

Legal Aid Reform: From Means Test to Capacity Test

Chief Justice Refaat Ahmed highlighted legal aid as the first area of reform undertaken after assuming office in August 2024, in the aftermath of the July Revolution. Noting that many accused persons were appearing in court without legal representation—not due to poverty alone, but due to physical and circumstantial barriers—the Chief Justice’s office issued a landmark notification on 9 September 2024.

The order introduced a “capacity test” alongside the existing “means test” for legal aid eligibility. It directed that if an accused person could not appoint a lawyer due to special circumstances, they must be identified as “incapable” and assigned legal counsel from the Legal Aid Panel by court order.

“The purpose was twofold,” Justice Refaat explained, “to empower citizens in distress to claim legal aid more easily, and to allow the courts themselves to initiate legal aid intervention where justice demanded it.”

Towards a People-Centric Justice System

The Chief Justice stressed that legal aid and ADR are not peripheral concerns but “organically linked” to police investigations, prosecution quality, and judicial capacity. He announced that his office has already taken steps toward establishing a Professional Prosecution Service to complement other reforms in case management and trial efficiency.

“We are moving away from a sluggish, top-down, court-centric system,” he said. “The future lies in a people-centric justice system that ensures quality adjudication, accessible alternatives to trial, and timely remedies for citizens in distress.”

ADR: Bridge Between Law and Lived Reality

Chief Justice Refaat described ADR and legal aid as the bridge between the formal justice system and the people’s lived reality.

“It is here that the poor woman fighting for maintenance, the migrant worker cheated of his wages, or the farmer displaced from his land first encounter the law in action. If that encounter is humane, swift, and inexpensive, then the law has meaning. If it is delayed, costly, and alien, then the law is discredited.”

He argued that district legal aid committees (DLACs) must play a central role in implementing new legislation that expands ADR and strengthens access to justice.

Legitimacy Through Trust, Not Decree

Reflecting on the political transformation of 2024, Justice Refaat drew lessons from the student revolution:

“The student revolution taught us that legitimacy does not flow from decree or position, it flows from trust. The judiciary will command trust only if it is seen as independent, efficient, and compassionate.”

He outlined three pillars of judicial legitimacy:

• Independence: freedom from executive interference, including autonomy over budget and administration.

• Efficiency: adoption of digital platforms, modern case management, and ADR to reduce backlogs.

• Compassion: legal aid that is not perfunctory, but transformative.

Looking Ahead: Reform as Legacy

Concluding his keynote, the Chief Justice reaffirmed the judiciary’s role as a fully functioning constitutional organ of the State, determined to pursue reform in partnership with all stakeholders.

“This is a collective endeavour,” he said. “By rethinking our roles and forming strategic partnerships, we can create a justice system that protects citizens from undue encroachments and upholds their rights. The reforms of today will be the legacy of tomorrow.”