THE ROLE OF SPEEDY TRIAL TRIBUNAL IN ADMINISTRATION OF JUSTICE, PART 3

Chapter Six

How far Tribunal been successful in Bangladesh?

This is largely a matter of empirical study though it is frequently evident that most of the tribunals are eventually embroiled with cumbersome and long process of usual litigation frustrating the pious purposes behind their creation. For example, Rule 7 of the Administrative Tribunals Rules 1982 provides that tribunal shall follow as far as practicable the provisions of the CPC relating to the procedure of the execution of decree or judgment. However, this is the longest chapter in the Code of Civil Procedure which is considered ‘in respects cumbersome process costing much time and energy of a weary decree holder. There can be no logic to put the decisions or orders under a marathon process for execution and implementation after deciding the cases under a short and simplified procedure.’ Not only are that most of the tribunals facing a huge backlog of pending cases.

Recommendation: Although tribunals play important role in administering justice, there are some weakness of tribunal which need to be removed for the interest of justice. The following steps may be taken:

  • The appeal procedure should be flexible so that an aggrieved party may prefer an appeal to the Superior court to redress his grievance.
  • The trial of the tribunal should be open so that all parties concerned may know about fair trial.
  • The provision for legal aid should be adopted so that parties may represent by legal experts like advocates.
  • The Judges of the Tribunals should be trained so that they can deal with matter before it more efficiently.
  • Ensure freedom of judges of the tribunal and security of their tenure etc.

Conclusion: The proliferation of tribunals in the twentieth century has been a special feature of the development of judicial administration in almost every commonwealth countries. The number of tribunals and their importance have increased so significantly that it is no longer justifiable to regard tribunals merely as an appendage to the ordinary court of law. They are an integral part of the ordinary legal process. This system of administrative justice has in the past caused some concern as Professor Dicey rejected notions of separate system of justice (droit administratiff) for resolving disputes between citizen and the state. Such a view, however, is no longer tenable given the widespread functioning of various tribunals now-a-days. The reasons for this growth of a system of tribunals reflect both the perceived disadvantages of the common law courts, in terms of formality, lack of speed, lack of expertise in some specialist areas of law, cost etc and the context of social or welfare state with the rise of welfare legislation. They also reflect the perceived advantages of tribunals as bodies which follow informal procedures, can hear cases relatively quickly, are cheap, and which have expertise in the particular subject matter. In tribunals proceedings are relatively informal. The strict rules of evidence do not apply. Any person may appear before it. Awards of cost are not usually made unless a party has acted frivolously or vexatious.

Selected Bibliography

Book

  1. Administrative law: H.W.R. Wade & C.F. Forsyth.
  2. Legal System of Bangladesh: Barrister Abdul Halim.
  3. Lectures on Administrative law: C.K. Takwani.
  4. Principles of civil litigation: Bangladesh perspective: Ishrat Azim Ahmed and Md. Ershadul Karim.

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