Judge shortage, slow probe report lead to over 2.9 lakh cases piling up in Ctg courts

Highlights:

• Chattogram courts face backlog of 290,523 pending cases
• Shortage of judges, slow probes, adjournments drive delays
• Bangladesh has one judge per 94,444 people
• Each court averages 3,586 cases, backlog grows daily
• Lawyers demand more courts, magistrates for faster justice
• Prolonged cases cause financial, social, professional hardships

The backlog of cases in Chattogram courts has reached alarming levels, with 290,523 cases piling up across 81 courts, leaving people in increasing distress.

Delays are attributed to a shortage of judges, slow submission of investigation reports, prolonged evidence recording, and frequent adjournments. On average, around 300 new cases are filed in these courts every day, further straining the system.

A Law Commission report released on 28 August 2023 highlighted that Bangladesh has only one judge for every 94,444 people—far below India and Pakistan, where the ratio is roughly 1: 47,000 and 1: 50,000 respectively. Comparatively, the United States has one judge per 10,000 people, and the United Kingdom one per 3,000.

In Chattogram, 120,812 civil cases are pending, while District and Sessions Judge courts have 20,544 cases. The Chief Metropolitan Magistrate courts manage 64,478 cases, and the Chief Judicial Magistrate courts nearly 37,000. Meanwhile, Joint and Additional Metropolitan Sessions Judge courts handle roughly 45,000 combined. 

On average, each court deals with 3,586 cases. Even at a pace of resolving five cases daily, it would take over two years to clear the backlog.

Specialised courts are also overwhelmed, with Divisional Special Judge Courts managing 677 pending cases, Bankruptcy Courts around 1,100, Environmental Courts 1,311, Administrative Tribunal 506, and Human Trafficking Tribunal 195 cases.

Infograph: TBS

Lawyers for more courts

Lawyers argue that additional courts are needed where cases are concentrated. Lawyer Mohammad Ridowan said, "A limited number of judges handle an enormous number of cases daily. Criminal cases are particularly delayed due to slow police investigations, absent parties, and unavailable witnesses."

Data from last week shows that courts hear dozens of cases daily but issue very few verdicts. For instance, the Chief Judicial Magistrate Court heard 28 cases but issued only two verdicts, while the Joint District and Sessions Judge Court heard 28 cases with no verdicts.

To expedite justice, the Chattogram District Bar Association has suggested setting up five more metropolitan magistrate courts, four additional assistant judge courts, and four joint district judge courts. With 15 police stations in the metropolitan area, the association recommends at least one magistrate per station. 

The association has sent a formal request to the ministries of public administration, finance, and law, justice and parliamentary affairs.

Hardships for prolonged cases 

Prolonged court cases have caused financial, social, and professional hardships for complainants and petitioners alike. Private-sector employees face the risk of losing jobs if implicated in cases, and ongoing trials often complicate foreign travel.

Md Ramzan Ali, an accused in a 2016 drug-related case, said, "I had to attend court for ten years in a case filed by the police against me in 2016. I even spent many years in jail. Recently, I was acquitted." 

"Who will compensate me for the ten years of my time and money that were wasted?" he questioned. 

Advocate Abdus Sattar, president of the lawyers' association, stressed, "One major reason behind the case backlog is the shortage of judges. More new cases are being filed than are being resolved. Delays in police investigations and absent witnesses are also contributing factors."

District Public Prosecutor Md Ashraf Hossain Chowdhury added, "Increasing the number and capacity of courts could significantly reduce case backlogs. Constructing new court buildings could help, but currently, lack of space is a major problem."