E-Judiciary and E-Courtrooms in Bangladesh: a potential way of reducing case backlogs.
E-Judiciary and E-Courtrooms in Bangladesh:
a potential way of reducing case backlogs.
FARHAD UDDIN AHMED BHUIYAN
E-Court or Electronic Court means a location in which matters of law
are adjudicated upon, in the presence of qualified Judge(s) and which
has a well-developed technical infrastructure. An E-Court is,
however, different from a computerized court. In the case of E-Court,
everything is done in an online environment through the use of
Internet and other Information and Communication Technology
(ICT), whereas a computerized court is nothing more than a court
having computers and basic level hardware and software and the E-
Courts project is about providing ICT so as to enable the Courts to
make justice delivery system affordable and cost-effective. This
would be beneficial for both improving the court processes and
rendering citizen-centric services. E-Courts are aimed to make legal
processes easier and more user friendly. In an E-Court, the entire
work is executed digitally, wherein, the information that is shared and
generated is stored as a database and synched to a particular software
and E-Judiciary is to make the justice delivery system affordable,
transparent, speedy and accountable. The E-Judiciary may bring a
radical change in the field of the administration of justice moving
toward a 'Digital Bangladesh' and common people will automatically
habituate with the E-Judiciary by the passage of time, if it is
introduced. Canada, Australia, Malaysia, USA, U.K and most of the
European countries have already introduced E-Judiciary which is the
demand of the time to be introduced in Bangladesh too. Based on the
concept of ‘green court’ with less usage of papers, two High Courts in
Kuala Lumpur were used as pilot projects in 2004. The complete E-
Court system in Malaysia began in March 2011. Four types of
mechanism that form the E-Court are Video Conferencing System,
Case Management System, Community and Advocate Portal System,
and Court Recording and Transcription System. In addition, Malaysia
has recently started to work with E-Judiciary and E-Court rooms (E-
filing, automated E-communication of orders and verdicts, recording
testimonies through videoconferencing, recording digital evidence
and biometric attendance). In Bangladesh, if E-Judiciary is
introduced, then the learned advocates from the
residence/chamber/distant place in case of various urgent and
pandemic situation will be able to conduct their cases. Due to Corona
Pandemic when the world became static and locked down, all courts
of our country had been locked down. In such circumstances, E-
Judiciary and E-Court rooms could be able to keep tremendous
contribution in order to remain the judiciary functional despite having
such lock down. So, to me the pre-condition to declare our country
digitalized is to introduce E-Judiciary and E-Court rooms in
Bangladesh in no time.
In our Constitution, Article 32 guarantees the protection of the right to
life to all the citizens of Bangladesh. The concept of right to life is
nothing just like mechanical breathing. The broad aspect of the right
to life is to live with a comfortable, peaceful, healthy and hazard-free
way of living. People, having unhappy and stressful lives being bent
with the Yoke of case(s) or suit(s), can not enjoy a comfortable and
peaceful life within the definition and spirit of right to life. No telling
to say that, those who have to run after case(s) or suit(s) being parties
for long years cannot be said they are getting the protection of Article
32 of the Constitution of the People’s Republic of Bangladesh. That is
to say, the case backlogs and awaiting for holding trial are definitely
not a hazard-free life where peace and comfort sustain. E-Courtrooms
and E-Judiciary can diminish and drop down the untold sufferings of
the litigants with the guarantee of protecting the exact taste of right to
life as guaranteed under Article 32 of the Constitution of the People’s
Republic of Bangladesh. So undoubtedly, the existing judicial system
makes bound to the litigants the delayed justice delivery system
which amounts to violation of their right to life under Article 32 of the
Constitution of the People’s Republic of Bangladesh.
Unless and until the judiciary gets its pace to try the case(s)/suit(s)
and deliver Justice with the advent of E-Judiciary and E-Courtrooms,
the borderless pains and sufferings of the litigants from all corners
will never die out.
In our constitution protection in respect of trial and punishment,
Article 35 (3) states as under,
“(3) Every person accused of a criminal offence shall have the right to
a speedy and public trial by an independent and impartial Court or
tribunal established by law.”
Hence, the spirit of Article 35 (3) clearly denotes that the trial of any
case or suit must be held in public, and speedy justice delivery system
by the Courts or Tribunals of Bangladesh which had and has not been
carrying out by the prevailing system of Justice delivery system
vitiating the spirit of fundamental right as guaranteed under Article 35
(3) which requires to be protected in no time and such protection
cannot be carried out and ensured in black and white, but the
introduction of E-Judiciary and E-Courtrooms can, in fact, bring to
light the new horizon of diminishing the case back logs of our
judiciary along with the utmost and opted satisfaction of the litigants
for which they awaited for years.
How E-Judiciary and E-Courtrooms can be adopted is the matter of
thinking and question to the concerned stakeholders. However, the
process by which E-Judiciary and E-Courtrooms may and can be
established are being stated hereunder –
The Supreme Court of Bangladesh can have a central database and
will have to get connected with all the District Courts, Ministries,
Government authorities, statutory bodies and autonomous
organizations including important departments or authority of the
Government.
All District Courts can have a sub-database station which will have
interconnection with each other.
The Supreme Court of Bangladesh including all Courts of Bangladesh
must have connection with all the Jails, Police Stations and Hospitals
of Bangladesh.
Apart from this, all the Immigration offices and Ports of Bangladesh
are required to be connected with the central database and District
Courts’ database.
To protect the distortion, tempering and loss of valuable records and
files of the parties from the concerned section or Courts; all the
documents and records of all case(s)/suit(s) should be preserved
digitally by creating a digital record room in the concerned Courts
including the Supreme Court of Bangladesh.
There should be a central digital record room in the Supreme Court of
Bangladesh which will have connections with all subordinate Courts
of Bangladesh. All the District Courts will have separate digital record rooms which
must be inter-connected with the other District Courts and among the
Courts within the concerned District Courts.
Digital record rooms of all courts will have to be connected with the
Land Survey and record departments of all the DC offices, AC Land
Offices, Registration Office etc.
To ensure the mode of convenient payment of necessary court fees
and miscellaneous fees or any other amount as directed by the learned
or Honorable Courts, there must be a secured payment gateway in the
E-Judiciary system which may include the common and available
online payment system for the peoples of the remote areas.
Automation system must be incorporated in communicating the
orders and judgments from the Courts to the contesting parties or
concerned authorities with digital signature of the concerned Judges,
making courtrooms completely functioning for E-Judiciary. Through
the E-Judiciary, it is also possible to make the updated database of the
offenders or criminals by which the top-ranked and spotted criminals
may easily be identified.
Setting up modern and digital equipment in E-Courtroom in every
Jail for the biometric attendance/appearance, depositions, cross-
examinations etc., before any Courts from the Jails by not being
present in-person in the Courts. High-resolution evidence camera
should be used while taking deposition and cross-examination which
has definite features of converting “Voice to Text” as it is, and can be
saved as JPG file format or any other secured format where there will
have no scope of tampering, distorting and missing the evidence taken
from the witnesses and in some cases learned Judges concerned may
drop some words or part of the sentence from the deposition or cross-
examination of the witness and as such the time to record the
depositions will be saved.
By introducing E-Judiciary, there must be an option to send any kind
of expert opinion, report or investigation report from the concerned
authority or expert to the concerned Courts or authority.
In E-Judiciary, there must be options for Biometric attendance or
Hajira system for the parties. Through E-Judiciary, taking evidence
from any witness out of the Court by way of audio or video
conferencing should be given priority since very often eye witness or
other important witness do not dare to appear in person before the
Court to give deposition against the top-ranked or coloured criminals.
A digital dashboard as to the up-to-date, day-to-day number of
disposal of cases or filing including pending cases in all courts across
the country must be kept in E-Judiciary system.
To ensure authentic and time-saving dictation or Judgment and Order,
the learned Courts or Honorable Courts must have access to use
“Voice to Text” facilities for their dictation in the Courts which will
for sure save the valued time. Judgments and orders will not be stock
piled year after year to be written or communicated to the concerned
contesting parties or authorities.
To bag the fruits of E-Judiciary, dedicated internet service facilities in
all the court premises should be ensured.
For the effective and smooth operation of the E-Judiciary in all
Courtrooms, sufficient logistics supports or equipment like
computers, laptops, printers, evidence camera, high-resolution
camera, digital signing pads, multimedia projector, DVD player,
digital screen or TV and all other technological devices required to
operate the function of E-Courtroom smoothly should be ensured and
arranged.
Apart from this, the Supreme Court of Bangladesh must have a
database connection with the Bangladesh Bar Council, and Supreme
Court Bar Association; on the other hand, all District Courts should
have a database connection with the concerned Bar Associations.
To back the ripen fruits of E-Judiciary, E-filing and virtual hearings
must be incorporated along with the option for hearing being present
before the Courts.
All previous and existing records of case(s)/suit(s) pending should be
preserved in the digital record rooms utmost Cyber Security and
backup should also be ensured. Records of each case or suit must be
preserved in a separate digital record-keeping format so that bringing
certified copies of the concerned cases does not require.
Critics from different corners may sound their voices indicating the
shortcomings or drawbacks of E-Judiciary in contesting of our
country. Apparently, it seems that our country's internet speed and
facilities are not up to the mark, to continue such high internet
consumption activities like E-Judiciary. Apart from this, people may
think litigants are not widely oriented with the application of
information technology that may push them back which in the long
run may result contrary.
Apart from this, critics and stakeholders may be thinking that learned
advocates, Judges, and Supporting staff, Officers of the Courts are not
well experienced in operating the system be introduced in the name of
E-Judiciary resulting in the activities of courts proceeding like wagon.
It may be the common prediction and doubt from the part of critics
that server down, cyber-attack, discrepancy and hacking in the central
database may very often cause detrimental irreparable consequences
for which interruption for the time being for a particular period of
time may occur questioning the effectiveness of E-Judiciary. Besides,
people having no aspiration to walk with the current expedition and
pace of technology will ever and anon clap on their hands against any
innovative and well-timed introduction of IT-based activities like E-
Judiciary. However, despite having some negligible drawbacks as
people may think of; there are thousands of practical advantages of E-
Judiciary.
It would be my worthless effort, if I do not speculate and showcase
the advantages our judiciary and the people of Bangladesh will enjoy
with the introduction of E-Judiciary.
There is no denying fact that the case management system and other
essential activities will be possible enough to carry out with a single
click which had and has not been done in the prevailing system.
Hence, the case backlogs of the courts will have to be kept in zero
down. That is to say, the burden of cases on the shoulders of judiciary
will markedly reduce. It is more or less an open secret that corruption
and unfairness among the staff of the Courts are in full swing to spike
day by day. Undoubtedly, E-Judiciary will be able to count down the
trend of such corruption and unfairness from all the premises of the
justice delivery system.
The number of disposal cases and suits will skyrocket. Besides, the
learned advocates and litigants every now and then have to experience
and encounter the missing of records or case documents including
bringing the records or files and certified copies from one Court to
another requires speed money at every stages which will die out and
get buried, if and when, E-Judiciary will march aiming to fulfill the
long cherished and awaited dream of our country’s rank and file.
Holding trial with the best possible shortest time will get welcomed
and such is possible enough through the introduction of E-Judiciary,
perhaps no one will have ground to disagree with my standpoint.
Clarity and transparency in justice delivery system is the cornerstone
to be able to acquire the trust and faith of the people of any country
which will be possible by dint of introduction of E-Judiciary in our
country.
Contesting parties, being unable to appear in-person before the courts
from a distance and remote area of our country, will have access to
appear before the Courts from their own places wherever they stay
through E-Judiciary system and biometric attendance will have
another wonder of E-Judiciary by which litigants will not be required
to come in-person before the Courts time and again.
In all the stages of justice delivery system, both the learned advocates
and Judges including the contesting parties are required to use the
blotting papers made of trees, bamboo and many other sources of
wood which ultimately encourages deforestation to meet the demand
of blotting papers. If done so, that is to say if E-Judiciary runs in our
judiciary waste of paper will get reduced and deforestation may
significantly lessen.
Litigants count the days and minutes of releasing from the bar of their
near and dear ones it is nothing but the result of old-fashioned and
manual Justice delivery system which can, for sure, be eliminated by
E-communication and automation system of Judgment and Order to
the concerned contesting parties, Jails and relevant authorities with
just a click on the device having digital signature of the concerned
Judges.
To down my pen, I had better utter once again the urgency of
introduction of E-Judiciary and E-Courtrooms in Bangladesh to get
rid of the multiple problems faced by the litigants and the whole
judiciary with the millions of case backlogs. Hence, my whole hearted
belief is that the concerned authority will obviously try to take the E-
Judiciary as the priority project to count down and diminish the case
backlogs and can enter into a new horizon washing away all the
loopholes.