Judiciary’s advancement and Strength of a lawyer

Ensuring justice, there should be a bridge in between the lawyers and judges. Lawyers argue for his/her clients for mitigating disputes and ensuring justice through the Court. Judges consider all documents and submission of lawyers and pronounce his judgments or orders. In this process, the ultimate beneficiary is the litigants who came to court named as a Plaintiff or Defendants or complainant/ informant or accused, all of them treated as a Party/ Parties in a suit.

There is a distinction between civil suits and criminal cases but the purpose of adjudication of cases or suits is the same as discussed above. In Bangladesh, new system has been adopted in criminal proceeding, i.e. E- bail Bond. That the E-bail bond is designed and introduced for quick communication of court Order and removes the middle man in the process those used to receive unofficial money. It is nothing but the reflection of the fairness and effectiveness of the justice system. The world now believes, Access to Justice is not a privilege but it is a right of a human being as a citizen.

The state is in an obligatory position to ensure justice when the person is insolvent to carry the cost of litigation. Whether by its private fund or by state fund, Justice should be ensured in a visible manner. Therefore, the concept of legal aid from the state is now compulsory for the helpless and feeble and dependent litigants.

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As one knows, the world’s most dominating organization is called the United Nations. After the Second World War, it became one of the world’s countries that wished to keep peace and security in every aspect and establish the rule of law. In December 2012, the General Assembly unanimously adopted the UN Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems (67/187), the first international instrument on the right to legal aid.

The UN Principles and Guidelines establish minimum standards for the right to legal aid in criminal justice systems and provide practical guidance on how to ensure access to effective criminal legal aid services. The Constitution of Bangladesh stated that under Article 27 i.e. all citizens are equal before law and are entitled to equal protection of law, and under Article 31. To enjoy the protection of the law, and to be treated in accordance with law, and only in accordance with law, is the inalienable right of every citizen, wherever he may be, and of every other person for the time being within Bangladesh, and in particular no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law. This is the output of the Rule of Law from the constitutional narration.

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However, Bangladesh is now gradually adopting policy and principle in criminal jurisprudence. As we see the change in the process of criminal case investigation by the Code of Criminal Procedure in First and Second Amendment in the Ordinance, 2025. In these amendments, one significant change we see, i.e. the Investigating officer with prior permission of his concerned superior/ senior officer (District Superintendent of Police) can submit an Interim Investigation report for avoiding unnecessary harassment of an innocent until submitting the Police Report. It has been stated in the incorporation of the new section of 173A in the Code of Criminal Procedure.

And further, the Legal Aid Act, 2000 (amendment vide ordinance, 2025) and the Legal Aid Services (Amended) Ordinance, 2025, made for emphasizing the pre and post litigation mediation to mitigate dispute. But we failed to see any output from the new changes in law in Bangladesh. Mob violence and criminal attacks on Journalist, lawyers, Police personnel, Teachers, Politicians, and Freedom fighters have been justified by not taking legal action against mobs. Even it is hard to see any interim investigation report has been submitted to court to avoid unjustified harassment from false allegations made over the incidents of JULY-AUGUST. Those groups work for human rights, they revealed that the rights of individuals are being continuously violated and deterioration of rule of law.

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Let’s move to the other part of the head topic i.e. strength of lawyers. Lawyers are considered the smartest professionals in comparison to others. However, to cope up in this advanced litigation process, things need to be considered for strength.  These are as follows-

A) To acquire the knowledge of operating a computer and browsing its application.

B)   Facts of case and organized set of facts to be considered and marshaling the law and facts.

C) Client’s documents analysis in proper manners.

D) Physical visit to the spot or disputed areas of parties.

E) Listening to the story of your parties with full attention,

F) Set of facts and drafting the case keeping in mind your client’s prayer,

G) navigating the facts and law to your desired prayer.

H) To understand the court process from the beginning  to the end of case (Judgments),

I) To develop the sense of putting interim applications,

J) To keep complete confidentiality and security of information of your clients.

K) To research your case and the weakness of opposite parties,

L) finally, be loyal and humble to the Court.

Nevertheless, I can say, the Bangladesh Bar Council and Districts Bar Associations have the duty to conduct legal training amongst advocates and further to follow up the progress of lawyers. And a system of professional fitness certificates in every five years may be adopted for maintaining the standard in the legal field.

Written By Md. Juwel Azad; Advocate, Supreme Court of Bangladesh. Email-lawyerjuwel@gmail.com