Towards a Separate and Permanent Attorney Service in Bangladesh
Md. Ziaur Rahman : Towards a Separate and Permanent Attorney Service in Bangladesh To reform the fundamental aspects of the state, there is a proposal to establish a separate secretariat in Bangladesh aimed at enhancing judicial independence. The establishment is believed to be a big step in protecting democracy, human rights, and fair justice. Political consensus is necessary to implement that bold initiative, and we already have it on this particular issue. There is another very important concern that is mostly not talked about: the necessity for a distinct and responsible attorney service.
In every district court, the government is represented in civil cases by Government Pleaders (GPs) and in criminal cases by Public Prosecutors (PPs). There are assistants, and additional GPs and PPs work under the leadership of their respective GPs and PPs. These legal representatives are appointed for a temporary term by the Solicitor Wing of the Ministry of Law, mandated by the L.R. Manual 1960 and CrPC section 492, in practice mostly based on the political preferences of the party in power.
GPs and PPs play a significant role in the disposal of cases by presenting oral and documentary evidence on behalf of the state. Due to their political allegiance, they are often unable to act neutrally when concerned parties of the suit/case are affiliated with the ruling side. Additionally, they do not receive adequate remuneration, which results in decreased motivation and productivity. That also creates room to take money from the litigants seeking relief in the courtroom. This situation is not rare in the court arena of Bangladesh. Thus, the ad hoc prosecutorial system is not yielding the desired results. In 2024, Bangladesh scored an overall 0.39 and placed 127th out of 142 countries in the World Justice Project (WJP) indicators.
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According to Article 1 of the UN Guidelines on the Role of Prosecutors (adopted on September 7, 1990), prosecutors’ appointments must be based on merit and integrity. Article 2 prohibits biased appointments, while Article 4 emphasizes fearless and independent prosecution. Taking that international instrument as a benchmark, it is clear that the current system falls short of training, professionalism, and accountability, resulting in the state not getting the desired outcome from the justice system.
The Judicial Reform Commission has proposed the establishment of an independent, accountable, and transparent attorney service for both the subordinate and higher judiciary. Earlier, the 8th Five-Year Plan of the Bangladesh Planning Commission proposed establishing a dedicated prosecution service that would initially consist of 70% contractual lawyers and 30% candidates who have law degrees appointed through a competitive examination conducted by the Judicial Service Commission.
Reform initiatives in different sectors of the state are ongoing. It’s time to set up a separate and permanent attorney service at the district level. A clear hiring process would let qualified individuals enter the system based on their skills, knowledge, and experience. Firstly, a portion of the prosecutorial team should be selected through a competitive examination by the judicial service commission, and the rest of the experienced professionals may be hired, as in the current system. The long-term goal should be to develop a full-fledged and professional prosecution service across the country.
Establishing a separate, permanent legal service would lead to the creation of more responsible professionals dedicated to developing a pro-people prosecutorial system, which would enable individuals to seek relief without fear of harassment and thereby foster public trust and respect for the justice system.
Author Md. Ziaur Rahman is currently pursuing an MPhil from IBS, Rajshahi University.
