Subordinate courts: caseload has grown, but the number of judges hasn’t

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Crime
  • The country has just one judge for every hundred thousand people.
  • There are currently 2,237 judges, of whom 1,837 are actively hearing cases.
  • Lawyers and judges favor raising the number of judges to 10,000.
  • The Seventh Five-Year Plan remains unimplemented after 11 years.

Subordinate courts across the country currently have 2,237 judges. Of these, more than 400 are unavailable for court duty year-round due to deputation, ministry attachments, study leave, maternity leave, and other reasons. That leaves 1,837 judges actively hearing cases — meaning, on average, there is just one judge for more than every 100,000 people in the country.

Inquiries at the Supreme Court found that as of March 31 this year, approximately 4.8 million cases are pending nationwide. Of these, 4.078 million are pending in district courts across the country. As of December 31, 2008, 1,489,121 cases were pending in subordinate courts. Over a decade and a half, pending cases have risen by roughly 2.6 million. But even as the population and caseload have grown in tandem, the number of judges has not kept pace.

Asked about the matter, Attorney General Barrister Ruhul Quddus Kajal said increasing the number of judges alone is not the sole solution to case backlogs, though the current number is inadequate. He said the number of skilled judges must certainly be increased.

Following recommendations from the Law Commission and the parliamentary standing committee, the Seventh Five-Year Plan formulated in 2015 proposed raising the number of subordinate court judges to 5,000. However, this has not been implemented even after 11 years. Even that figure remains inadequate compared to other countries, which is why lawyers and judges believe the number of subordinate court judges should be at least 10,000, given the scale of the case backlog.

Asked about the matter, retired District and Sessions Judge and Supreme Court lawyer Dr Shahjahan Sazu said resolving the current case backlog would require at least 10,000 judges in subordinate courts, along with supporting staff, necessary office equipment, and courtrooms. He said alternative dispute resolution must also be emphasized, which would help reduce the case backlog.

The Bangladesh Judicial Service Association put forward various proposals for judicial reform during the interim government period. In a 2024 proposal submitted to the Judiciary Reform Commission, the association noted that Bangladesh has one judge for every 100,000 people, compared to one judge per 15,000 people in Denmark, one per 57,000 in Japan, one per 50,000 in Pakistan, and one per 47,000 in India.

Judicial Service Association Secretary General Mohammad Mostafizur Rahman said approximately 400 judges are unavailable for court duty for various reasons. He said a caseload of around 500 cases per judge allows for manageable disposal, but the current average exceeds 3,000 cases per judge, making it impossible to give each case proper attention.

Mostafizur Rahman said the number of judges should be 10,000. Simply increasing the number of judges alone will not quickly reduce the case backlog — alternative dispute resolution must also be emphasized. He believes pre-mediation should be introduced before cases go to trial where needed.

Due to the judge shortage, a single judge must dispose of a large volume of cases despite various constraints. Inquiries found that judges at district and sessions courts handle civil appeals, civil revisions, criminal appeals, criminal revisions, criminal miscellaneous matters, Anti-Corruption Commission cases, arbitration, narcotics cases, Special Powers Act cases, arms cases, murder cases, general sessions cases, appeals against mobile court orders, and revision petitions against proceedings taken by district magistrates and additional district magistrates under Section 145 of the Code of Criminal Procedure. Additional district judges hold no separate powers of their own — they exercise powers equal to a district judge, though their specific duties are assigned by the district judge.

Judges at joint district and sessions courts hear all civil cases above 2.5 million taka, civil appeals, narcotics cases, all cases carrying sentences up to 10 years, special court cases with sentences exceeding 10 years, Negotiable Instruments Act cases, money loan cases, Special Powers Act cases, and various other matters. Senior assistant judges and assistant judges hear roughly 25 categories of cases, according to those familiar with the matter.

Supreme Court Special Officer Md Mazharul Haque said the current number of judges in subordinate courts is inadequate relative to the country’s population and caseload. As a result, a single judge must handle and dispose of a large number of cases daily, often making it difficult to ensure quality justice.

Mazharul Haque said adequate skilled support staff and equipment are also needed to complete judicial work. He believes that increasing the supply of judges, skilled support staff, and equipment as needed, along with infrastructure development, would further increase case disposal rates.

বাংলায় মূল প্রতিবেদন পড়ুন · Read the original Bengali report

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