How to reduce backlog of cases in courts?

Possible way to reduce backlog of cases  in Bangladesh Courts.

This problem is not just a setback of the judiciary but it is a great predicament of any nation. Backlog of cases obstructs the access to justice which is considered to be the most basic human rights. Backlog of cases does not only delay the disposal of cases and impose huge expense on the justice seeker.

  1. First attempt to tackle the backlog of cases was to establish a number of tribunals to deal with the disputes from some specified areas.

  1. The next attempt was to introduce an ADR (Alternative Dispute Resolution) mechanism which includes mediation and conciliation among others. Mediation became a significant in order to determine and settle the dispute between the concerning parties.

  1. Modern technology like computer data base and internet etc has been introduced in court management and cases that will help in bringing transparency to the judiciary.

  1. Law enforcing agencies i.e. the police department plays an important rule in criminal justice system rather this special crime fact finding department should be established in order to investigate the alleged crime.

  1. The court administration is considered a great factor in the backlog of cases. For improving the court administration the number of judges and management staff and infrastructure should be developed. In the case of Bangladesh we see the judge-population ratio is one of the lowest in the world. I guess the ratio is not more than 12/13 judges per million population.
  1. Effective legal aid system can play a vital role to minimizing the number of suits/cases pending before the court of law.
  1. Innovative approaches are needed for the disposal of cases e.g. win-win resolution should be introduce in place of existing do or die manner.
  1. Special laws have been made that the judges must dispose at list 5 cases in every month and report it to the Bangladesh Supreme Court.
  1. Time petition should be used in restrictive manner and repeated time petition should be allowed with fine.
  1. The lawyers should go to the place where the offence was committed, I think this practice helped the lawyers in critical understanding the matters or to easy disposal of cases.
  1. Ensure strong monitoring system that can reduce backlog of cases. For speedy administration good record-keeping and systematic filing of the cases & subject wise classification of the cases shall be introduce.
  1. Allocation of national budget for judiciary is not ensure it must be ensure & providing logistic support for the judges, court staff and lawyers. 

  1. Enquiry based trial procedure which is the significant characteristic of civil law system has been introduced.

The fundamental aim of the judiciary is to ensure justice within shortest possible time. No solution of the problems will be effective unless and until the advocates and also the judges come forward with all sincerity to end litigation in due time. 
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