- 1. Introduction
Judiciary institute is a vital part of a country. Bangladesh has achieved different systems of government since the independence containing socialist democracy, parliamentary and presidential forms of democracy, army rule, non-party caretaker administration, etc. The judiciary has been dealt with differently by these different forms of government despite the almost symmetrical behavioral patterns of manipulation. Even though the Structure provides an autonomous judiciary, there have been wide reaching criticisms about the type and degree of independence. The structure, inter alia, did not deliver complete freedom for the courts of subordinate judiciary and it was left on the policymakers to pass laws in this concern. Today it is a well-known fact that Judiciary of Bangladesh is one of the most corrupted sectors.
This secondary research paper will explain the basic judiciary corruption details of Bangladesh and some recommendation to change the current situation.
- 2. Definition: Judiciary
The judiciary is the division of government that contracts with understanding of a nation’s regulations, resolution of legal encounters, and judgments for abuses of the law. The judiciary, also known as the legal system, is composed of juries and courts. The judicial structure is intentionally kept distinct from the country’s legislative body, such as a parliament or senate, which creates or eliminates the nation’s laws as part of the political progression. Lawyers are experts who study the law in order to aid clients steer the judicial system. At the top of the country’s judiciary structure stands the Supreme Court. It contains the High Court Division and the Appellate Division. The Highest Court serves as the Protector of the Constitution and implements the essential rights of the citizens.
According to Wikipedia “The Judiciary of Bangladesh consists of a Supreme Court, subordinate courts and tribunals. The Supreme Court of Bangladesh comprises the Appellate Division and the High Court Division. It is the apex Court of the country and other Courts and Tribunals are subordinate to it.”
In many nations, the law is known as a constitution or similar article formed when the nation was formed. The judicial body then generates further laws that are planned to carry the spirit of the structure into specific circumstances. It is the accountability of the judiciary to determine if these new regulations are, in fact, true to the intent of the constitution. For this purpose, judges must be tremendously well versed in the laws of the country. Most begin their professions as attorneys before touching on to the judicial bench.
- 3. Corruption in judiciary of Bangladesh
Judicial corruption can be defined as corruption pertaining to judicial activities and dedicated by direct or indirect shareholders. It may be fraud committed by the judicial officers themselves or by their employee. It may be fraud of the advocates on whichever the protection or the prosecution’s side. It may be government managers or officials having direct or indirect effect on the judicial subdivisions. Corruption shows itself in two incarnations: either direct financial dealings or benefiting special privileges of several kinds.
Some bench officers of the High courtyard Division take bribes from 500 to 15,000 taka just to push cases up the line on the daily cause lists. Some High Court judges are accused of being choosy in the lawyers to whose customers they grant release; some lawyers take conditional fees, giving guarantee or assurance for expansion of bail, and a good number have kept agents who gather cases and take shares of the lawyer’s fees.
After filing for a summons or criminal indication a lawyer must postpone occasionally for three, seven or 15 days to get the stuffs heard, but if the lawyer provides some bribe to the bench personnel it can be heard on the identical day, and if the sum is a bit high then it may be heard then and there. Also, another problem is to obtain the certified replica of a judgment or order.
Deceitful bench officers get chances to make cash on the plea to keep a case at the top of the list to avoid it being pressed back to a later time.
The minor judiciary of Bangladesh has gotten a very bad designation and misplaced the image of lawyers. From the magistracy to further region and session’s judge level, utmost judicial officers are informed to have occupied bribes.
- 4. Changing the scenario (recommendation):
The corruption of judiciary in Bangladesh can not be removed from only one side. Along with strengthening the law, all the side of the country who are directly or indirectly involved with judiciary should take step to decrease the corruption. The following recommendations are given based on different side of people who are involved with law:
a) Recommendations to the Ruling Political Party
- I. Take away the illegally collected wealth of individuals and take due lawful actions as soon as possible. Political control must start a searching among them, and then take a complete method involving all its different subdivisions. For those people who have illegal money should have proper interrogation and thus find out the ways of collecting illegal wealth and make sure to add new laws.
- II. The current political force does not own adequate technology to detect the illegal activities by the terrorist. So to change the situation the police force should set up an idealistic action-plan to prepare the judiciary and the forces with latest technologies such as closed circuit camera and DNA workshops. This would improve the out-of-date process of recognizing criminals depend only on hearings/arguments.
- III. Even though the current judiciary is separated from government by written law, but the present situation is that the judiciary is still controlled by the political force in power. So the proper authority should take steps as soon as possible to confirm the split-up of the judiciary from the executive organ of the country.
- IV. The current pay scale of judiciaries in Bangladesh is very low and inadequate. This influences them to take money from customers and any source possible. So the authority Admit and apply the proposal for discrete pay scales and opportunities for the judiciaries.
- V. The ratio between number of cases and courts available is very high. So the authority should Create extra courts with additional posts and employ adequate number of judges on a necessity basis.
- VI. The current security system is not adequate for judges. So sometimes customer goes to their home to influences them. So the political force should deliver enough government home for judges and organize strict, continuous safety in their law court and houses.
- VII. Sometimes terrorist force or their associates whose cases are ruled by the judges are threatened by them. So the political force should deliver individual transportation with safety at least up to the level of the Extra District and Sessions Judges.
- Discrete court houses are the main step to make sure corruption free judiciary in Bangladesh. So the proper authority should create discrete court houses as soon as possible for the Judicial Magistracies everywhere in the country.
- IX. Most of the attorneys today are employed based on their political influences so that they could help the political party in power. But of course there are some exceptions. Employ Public Prosecuting attorney and government pleaders to a stable trial scheme considering their honesty, education and knowledge, not their political relations.
- X. The current judicial system has no monitoring system. So the political force does not collect proper information before submitting the cases to the judges. So sometimes the guilty people are set free because of proper papers. So the police force should Organize and take action in respect of government welfare in incomplete public and criminal cases. Start case-monitoring objects in each district with satisfactory authorities.
- XI. Forman isolated investigative wing of the forces to ensure actual and worthy investigations.
- XII. Assign additional funds for the costs required for appropriate investigations to inspire the investigation officers to do their jobs whole-heartedly and increase morale.
- Reduce governmental interfering in analysis and trial procedures.
- Host a witness protection structure to ensure that observers appear before the courts without terror of consequent attacks.
- XV. Improve training level for the judicial officers, and confirm as trainers, not politically selected persons, but individuals with high confidence and promise to equity, justice and human rights. Also inspire training and education overseas for judicial officers by relaxing limits.
- Increase wage and other paybacks of the police, and present a handsome amount of risk-allowance. Confirm an actual financial security for the family members of police recruits if he comes under attack/ dies while clearing duties.
- Place a cap on the extreme fees of a lawyer, and developed equate transparency and responsibility in this sector. Every fee to the lawyers should be made through lawfully tolerable documents/ receipt.
- Replace the current trial system regulated by the police with lawfully educated and well-trained public prosecuting attorney. The current public prosecuting attorneys are not well educated and well-trained. So they can help the political parties for their personal reasons.
b) Recommendations to the Judges
- I. Some judges are careless about the case received by them. So they should be more careful about this. Present more responsive court supervision and case organization systems in the individual courts.
- II. Increase awareness in managing the work of the ministerial workers. Because of some silly mistakes, sometimes the result of the case can be different from actual.
- III. Return of unexamined observers is not tolerable except in life-threatening or unavoidable conditions.
- IV. Some judges always sidestep the difficult cases because they are harder to process result. This habit makes these cases more time consuming than any other case. Some cases take 10 years or more to solve. So the judges should take up difficult and cold cases in the procedure of adjudication and do not sidestep them.
- V. Do not exploit the secondary officers with the control entailed in preparing the Annual Confidential Report and inspire them to make notes on corruption in fitting cases.
- VI. Make sure well-timed and early removal of orders in the court. Because of personal reason or political influences the judges take long time for the removal of orders.
- VII. Be fully prepared through satisfactory study of the latest expansions of law, legal texts, codes and choices. Because some judges do not make proper study of the case related materials. Sometimes without proper knowledge the result of the case can be different than actual. This should be avoided at any cost.
- Do not amuse telephone calls from, or encounter, political leaders, if not applicable. Some judges are influenced by the political party or defendant party of the case. Because of money or any personal opportunity the judges alter the result of the case. This should be avoided by any cost.
c) Recommendations to the Lawyers
- I. Some problems can be solved easily without the help of courts. The lawyers can be an important individual to help general people by solving the problems. Thus the lawyers should educate and inspire clients in the systems of alternative dispute resolve.
- II. Submissions for adjournment requests in the courts should not be regular unless extreme inevitable. Some cases are requested to adjourn for the favor of the defendant of the case. So the lawyers should make sure that no such adjournment requests are being made.
- III. Some lawyers take a lot of cases at a same time. So they get confused by the overwhelming information of all the cases and the subordinates do not get any cases at all. So they should reduction the number of cases touched at the same time and train subordinate staff to share in the errands.
- IV. For personal benefit the lawyers see clients in their personal chamber or home. This make sure the private conversation between them are not heard them by anybody else. So the lawyers should Increase the faith in your case by not seeing judges in their chambers or homes.
- V. Deliver your client with a receipt of the fee you have acknowledged from him. This is very important. Because the people can claim for more money paid than actual or they can change the amount of money paid.
- VI. The lawyers themselves should avoid corrupting the system by taking bribe or doing any kind of unethical work which may affect the judiciary of Bangladesh.
d) Recommendations to the Police
- I. In Bangladesh the police force is another source of corruption in every places of the country. Without making the police force corruption free the judiciary of Bangladesh can not be made corruption free too. Police must improve as an organization in the true intellect of it. Confirm professionalism and promises to uphold rule of law and justice in the community.
- II. The police forces today are influenced by the ruling political party. The political parties use police force as their weapon to do illegal work and illegal use of judiciary of Bangladesh. Overlook political effect and burdens, thereby forming dignity of the police force.
- III. Sometimes with the control of political party, the police force record cases against the opposite party or against any general people. So the police force should record only true cases, rather than politically made-up ones, thereby upholding a spotless image of the police force.
- IV. Police most of the time torture over people to make them accept their crime. Some innocent people can not overcome the torture so they are forced to accept the falsified cases. SO make sure torture, extra-judicial murders or any other heartless or humiliating treatment do not take place to the people under police care.
- V. The police force should be unbiased when forming a case against any individuals. Submitting a bias police report changes the result of a case thus corrupts the whole system.
- VI. Police must increase the monitoring system in the court area. Effective monitoring system of the activity of people who are involved in judiciary will decrease the amount of corruption.
e) Recommendations to the General People
- I. The general populations are the main fund of bribe received by the judicial. So to make the system corruption free, the general people should have to be more aware of the good of the country. They should avoid the habit to bribe judicial officers/staff in order to buy satisfactory judgments and orders.
- II. Some times people are secretive to discuss everything with lawyers and some people are scared because they are falsely preparing the case against someone. So the general people should unveil core difficulties to the lawyers thus helping to lessen filing false and distressing cases arising out of land clashes or personal hostilities.
- III. Make energies to appear in the courts frequently on the fixed dates. The court some times takes a long time to solve a case. The reason is that the defender and the defendant party do not show in time. This should be changes so decrease the case processing time.
- IV. Some people do not collect any paper from the lawyer for giving money. So the lawyers have the opportunity to use is for corruption. So the people should always ask for a delivery paper from your lawyer while you pay him.
- V. The general people should be aware of the basic law and formation of a case system of Bangladesh. Awareness of the law will decrease the amount of crime as well as the amount of corruption of judiciary.
- VI. The general people should accept the decision made by the judge of the court. Appealing against the decision of the court again and again increase the processing time as well as the corruption of judiciary.
f) Recommendations to the International Community
- I. Some international communities are very powerful to make the government listen to their offers. So they should keep steady pressure on the government to safeguard the reality of an actual separation of the judiciary from the executive organ of the Country.
- II. Since Bangladesh is a poor country. It does not have the complete fund to make all the changes happen. So the international community should arrange for and deliver satisfactory funds and help for the structural expansion of the judicial sectors.
- III. Only the government along can not make all the changes necessary to solve the corruption problem in judiciary of Bangladesh. So the international authority should inspire the national, international, non-governmental organizations to involve in judicial improvement projects, particularly those that raise social consciousness.
- IV. International monitoring of the judicial system of Bangladesh should be increased. Proper monitoring of judicial system will decrease the corruption.
- V. International community should also avoid themselves from partiality. Forcing the government to make a bias decision also increases the amount of corruption.
- VI. The international community can take part in improving the current judicial system and laws in Bangladesh. The current laws in Bangladesh should be made up to date with the help of international community to decrease the corruption of the judicial system.
- 5. Conclusion
The rule of law is nearly non-existent in Bangladesh due to the growing tendency in corruption. The law is not using equally here. For the feeble and the strong, followers and opponents of the governing party, the request of law varies. No matter what method of corruption takes place in the judiciary of Bangladesh, political issues plays enormous part in terms of the origin, growth and performs of corruption. Government must take a complete approach to the difficulties and undertake a thorough improvement of the existing systems without any further postponement. The Judiciary of Bangladesh is one of the most abandoned institutions of the State having only lowest facilities. In upholding the rule of law, in keeping law and order, in defensive fundamental human rights and in building up a sturdy check and balance scheme amongst the State organs, the judiciary should be rescued straight and with all due speed, from its status of weakness. In this Paper, several proposals are touched upon. These all rest on the elementary idea that it is only by accepting alternative methods that answers will be found for judiciary corruption in Bangladesh.This research endorses that judiciary corruption as an issue should be talked with these key concepts in mind.
- 6. Bibliography
- Hafizuddin, M 1999, “Role of Watchdog Agencies in Combating Corruption”, a paper prepared for Public Administration Reforms Committee, Dhaka
- Dr. Harendra Kumar De 1997, “Crime, Collusion and Corruption: Conceptual issue” (mimeo), a paper prepared for Transparency International, Bangladesh, Dhaka
- Ahmad, Ashab-uddin, Ghoosh (Bribe). Dhaka, BostuProkashan, 1994, (2nd edition), 112 pp
- Chowdhury, A.N.M. Khaled, Law on Corruption. Chittagong, Published by ArjumanChowdhury, 1984, (2nd edition), 108 pp
- Masood, AbdurRahmanel, Durniti Daman Ain (The Anti-Corruption Laws). Dhaka, Published by A.K.M. Shafiqul Islam, 1993
Part VI of the Constitution of the People’s Republic of Bangladesh.
Article 116A of the Constitution of the People’s Republic of Bangladesh.
The rule of law is almost non-existent in Bangladesh due to the increasing trend in corruption. The law is not applied equally. For the weak and the strong, supporters and opponents of the ruling party, the application of law varies. In many developed countries of the world, there exist independent commissions to combat corruption. There is no such commission in Bangladesh.
Article 22 of the Constitution of the People’s Republic of Bangladesh
Subordinate courts exists at district and thana levels as well as special and tribunal courts such as the Administrative Tribunal, Family Courts, Labor Tribunal, Land, Commercial, Municipal and Marine Courts.
 There are a wide variety of subordinate courts and tribunals. Such courts and tribunals are created by some relevant statutes. All their powers, functions and jurisdictions are well determined by the respective statutes. These are the basic courts in the system of the judiciary of Bangladesh. The major bulk of the cases, both civil and criminal, are tried and heard in such courts and tribunals. Certain tribunals are termed as administrative tribunals, Nari-o-ShishuNirjato Daman Tribunals, Special Tribunals etc. Such courts and tribunals spread all over the country at district levels. The subordinate courts in Bangladesh can be divided in two broad classes, namely, civil courts and criminal courts.
 Precedents of the modern judicial system include ancient Greek and Roman law and the law speakers of medieval Scandinavia. English common law established by the Magna Carta is the most direct ancestor of many current legal systems. France’s Napoleonic Code was also influential in replacing local customs with a set system of laws and courts. By the 18th century, many countries around the world had developed some form of a judiciary.
Everybody working in the courts knows it but no one resists it. After cases are posted in the daily cause list of the High Court Division normally a case will not be produced before a judge if 200-300 taka are not given to the custodian of the files.
Ofcourse there are some exceptions in certain benches where no such business is found, and matters are heard according to their serial numbers.
After a judge signs a verdict or order it will take couple of months to reach the file in the copying department, but one can hurry it by giving bribes to the concerned tables.
In the early days the benches were reconstituted once or twice in a year. The frequent changes in courts allow personnel to indulge in corruption and also serve dark political interests. There should be a committee and rules framed in this regard.
The elected members of Bar Associations who are meant to see and address the impediments and problems facing the smooth administration of justice daily are obviously busy doing things for their own benefit, and most of them have entered into a competition to see how they can be nearer to the chief of the ruling political party or the chief of the opposition party.
Under section 494 of the Code of Criminal Procedure, the Ministry of Home may withdraw any criminal case from prosecution with the permission of the court, either in part or as a whole.
The party in opposition shouts that the cases pending against the ruling party are being withdrawn but not those cases filed against their own party men. Sometimes cases are withdrawn for payment of cash.
Surprisingly enough there are several laws still in force in Bangladesh to prevent corruption, such as the Anti-Corruption Commission Act, 2004; Money Laundering Act, 2002; Bangladesh Government Servants (Conduct) Rules, 1979; Criminal Law Amendment Act, 1958; Prevention of Corruption Act, 1947; some sections of the Income Tax Ordinance, 1984 and some sections of the Penal Code
In every fiscal year ensure submission of mandatory wealth statement for the judicial officers, police personnel, lawyers, court staff, and their family members.
Appointments, promotions, postings should be controlled by the Supreme Court without interference from the government secretariat. Establish a separate secretariat under the control and leadership of the Supreme Court of Bangladesh with adequate powers and capacity to communicate directly with the President.
In many developed countries of the world, there exist independent commissions to combat corruption. There is no such commission in Bangladesh.
The Subordinate Judiciary of Bangladesh has yet to develop as an effective institution under the status quo, and this is so even after the jure separation from the executive branch of the State machinery.
The key difference between these approaches and conventional attitudes to corruption is that Alternative Approaches are not mere evaluations of existing structures and/or processes, within a given framework, but exploratory in outline and aim. The aim of an exploratory process of thinking is to be able to follow the realities of discovery, rather than remain limited within a framework already established.