Litigations against govt keep rising, costs too

Citizens are choosing the court as the last resort for remedies for unheeded claims – from pension to compensation, from recruitment to promotion.

As a result, litigations against different government functionaries have piled up, eventually causing the government to count losses on settlements of such claims every year.

Official data show 4,000 cases were filed in 2016, and the figure gradually rose to 6,100, 6,300, 7,200 and 7,900 in the following four years. Meanwhile, money paid to litigants also rose from Tk950 crore in 2017 to Tk1,108 crore in 2020.

On the other hand, litigants also have to suffer monetary losses owing to delay in disposal of the petitions. In reality, the entire cost burden is eventually passed on to the public.

Legal experts blame the consistent rise in such cases on arbitrary use of power and negligence of government officials concerned.

They opined in favour of a quick settlement of these cases to prevent unwanted losses of public money.

According to the Law Ministry, in the last 10 years, various ministries, departments and agencies of the government paid around Tk8,000 crore from the public exchequer against different claims as per the directions of the Appellate Division and the High Court.

Of the 95,700 lawsuits against the government currently pending with courts, 18,000 are related to various claims, including pension, compensation, and fair value of acquired land that involve around Tk12,000 crore, according to the report of Cabinet Division.

Taking the matter into cognisance, the government has stepped in to take remedial measures.

Law Minister Anisul Haque said, "The Cabinet Division has already discussed the matter with the law ministry several times. Several effective decisions will be made and initiatives will be taken to implement the decisions in consultation with the Chief Justice. I hope it will happen soon."

The number of writs against losing job for irregularities and for not giving up possession after land acquisition is significant, Cabinet Secretary Khandakar Anwarul Islam told The Business Standard, adding, "We have discussed these issues with the law secretary. The law ministry will discuss with the Supreme Court whether writ petitions are admissible in these cases."

He further said a list of the unresolved cases is being sent to the ministries, departments and divisions concerned so that they can take initiative for speedy disposal of them.

According to a recent report of the Cabinet Division, among the over 95,000 lawsuits, about 80,000 are at the High Court and about 15,000 are awaiting appeal disposal.

Barrister Shafique Ahmed, former law minister, said the government has to spend thousands of crores of taka every year in these cases due to negligence of the authorities concerned and a lack of proper planning.

At the same time, he pointed out that the sluggish disposal of the cases causes the litigants to lose a huge sum of money to run the case. "Often, it is seen that a litigant has to spend 20-30% of what they are awarded to run the cases."

Former chief justice ABM Khairul Haque, chairman of the Law Commission, told The Business Standard, "Most of the cases are against various ministries, departments, and divisions. If the officials in charge of these offices are sincere, the Supreme Court and the government can be relieved from the pressure of these cases."

As these cases have been pending for a long time, courts order settling them by paying the litigants their original dues with interest as per the Public Demand and Recovery Act, says the report, adding as a result, the government is losing thousands of crores of taka every year without any reason.

The report, therefore, asks the authorities concerned to take steps for speedy disposal of these cases. It also calls for not filing appeals unnecessarily.

According to the Attorney General's Office and the law ministry, 35,000 of these 95,000 writs and appeals were filed before 2010. And the remaining 60,000 cases have been filed in the last 10 years.

ABM Khairul Haque said, "If the appeals could be disposed of quickly, there would be no more cases. But it does not happen due to various complexities, including corruption. As a result, writ cases are being filed."

He said the number of law officers in the Attorney General's Office is not enough for the government to handle so many cases. "Besides, lawyers should be appointed based on their skills."

According to the law ministry, these cases are usually handled by the law officers of the Attorney General's Office in the Supreme Court. However, more than 1,200 lawyers from different ministries, departments and divisions are also appointed to handle such cases beside them.

The government has to pay around Tk800 crore per year for their fees and for the cost of handling cases. In the last ten year, the government has paid around Tk7,000 crore for this purpose.

Shahdeen Malik, an constitutional expert, said, "A large section of those involved in conducting the cases are responsible for the situation. As a result, many of those who file writs or lawsuits seeking justice do not get it in their lifetime."

He added that lawyers should be appointed based on expertise instead of their political affiliation to solve the problems.

Alongside putting blame on government officials, Ali Imam Majumder, former secretary to the Cabinet Division, pointed out that some people tend to move court unnecessarily, which also contributes to the piling up of cases.  "Filing cases is like a habit for some people."

The court should take appropriate and effective steps for speedy disposal of these cases without delay, he said.

Barrister Jyotirmoy Barua, a Supreme Court lawyer, told TBS that negligent government officials should be brought to book.

However, Attorney General AM Amin Uddin said taking legal steps against them is not possible as they are protected by the law. And, allegations brought against them are not proven either.