Wednesday, July 2, 2008

Backlog of cases remains sine die

The government's step for quick disposal of litigations and backlog of long pending cases is going in vain as the Attorney Directorate constituted with this task cannot start functioning due to lack of manpower and other logistic supports.Although a separate Directorate has been constituted for introducing a permanent attorney service and recruiting law officers on the basis of merit with a view to expediting disposal of litigations, specially criminal cases but all expectations have turned into a distant dream as there is no manpower, accommodation, computer and other logistic facilities.On May 18 this year, the Law Ministry issued an ordinance "Government Attorney Service Ordinance, 2008" saying, " As it is necessary to establish a permanent attorney service and appoint the attorneys to move the cases and as the Parliament is dissolved, the President has issued the ordinance exercising his power under Article 93(1)".Section 1 (3) of the new ordinance said it will be effective soon and repealed the erstwhile The Bangladesh Law Officers Order 1972. It asked to appoint government pleader, assistant government pleader, local government pleader, public prosecutor, special public prosecutor, additional public prosecutor, assistant public prosecutor for the lower judiciary while Additional Attorney General, Deputy Attorney General and Assistant Attorney General for the higher judiciary. It is said that the Public Service Commission (PSC) will recruit the law officers through a competitive selection process. But the existing law officers of the lower courts will be able to continue their service for three years and law officers of the Supreme Court for two years or any term till the recruitment of new law officers. About the future of the existing law officers, a high-up of the Law Ministry said at the time of recruitment of new law officers, the existing law officers having required qualifications will be absorbed in their respective positions.In the past all successive governments appointed law officers through political consideration and after the change of a government the services of attorneys were terminated. Although they gathered experience about pending cases, their knowledge and expertise were of no use after their termination. Whether the PSC will recruit new law officers in the coming BSC or any other examination is not sure.A source of the Law Ministry alleged that even the Directorate which has been set up at the eleventh floor of Transport Pool building cannot function for want of supporting staffs, computers and other logistic supports. Md Israil Hossain who has been appointed DG has to come to the Ministry always to perform his activities with the help of lower staff, computers, papers and other logistic supports from the Law Ministry.

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