A STUDY ON DELAY IN DISPOSAL OF CIVIL LITIGATION IN BANGLADESH PERSPECTIVE Historical Background:-
The age old adage ‘Justice delayed Justice denied’ has control significance for meeting the ends of justice. Delayed justice in the means of inflicting injustice through process of law. Speedy disposal of case is an important condition of ends of justice. The laws contained themselves to protection of the weak against the economically strong. The fisc against corruption, the ignorant against the knowledgeable and to assuring punishment to perpetrators of physical harm. “It is what every law code since has sought to accomplish; and it implicitly contains and absolute concepts of justice against which conduct can be measured.1
Our legal system bears testimony to the remnants of the British Laws. Our adversarial system is mostly responsible for the delay in civil cases. Not only Bangladesh but also developed countries like USA, UK, Canada and Australia also suffer from the problem.2
It has to be admitted frankly and fairly that there has been erosion of faith in the dignity of the court and in the majesty of law and that has been caused not so much by the scandalizing remarks made by politicians or ministers but the inability of the court of law to deliver quick and substantial justice to the needy. Many today suffer from remedities evils which courts of justice are incomplete to deal with. Justice cries in silence for long, for to long. The procedure wrangle is eroding the faith in our justice system. It is a criticism, which the judges and lawyers must make about themselves. We must turn the searchlight inward.
Murphy, Earl, Book Review of Kirchheimer, Political Justice (1961-62) in 3 Temp, 2.Q.444 quoted in fifty eight report of the law commission of India on “Structure and Jurisdiction of the Higher Judiciary; P.10-11.
Rao, P.C. “Alternatives to litigation in India” edited by P.C. Rao and William Sheffield in Alternative Dispute Resolution: what it is and how it works, Universal Law Publishing Co. Pvt. Ltd., PP.24-32 of P.24 quoted from Huq, Dr. Naima ADR: Recent Changes in the Civil Process, the Dhaka University Studies, Part F. Vol. 15 Number 1, June 2004, PP 37-38 at P.37. Law is a creation of man and the creator being fallible, yet, in our opinion the code of 1908, as enacted originally, was as much perfect a legislation as a fallible human intellect can conceive of and produce. Our defect is that when anything is found wrong we do not go to investigate the cause of the wrong and we put the blame anything which is immediately before us. Before we come to the conclusion that a law is defective and needs overhauling the first question we should ask is whether we have faithfully applied the law and forced difficulty in spite of it. Every law made is based on certain assumptions, continued validity of which is fundamental to the successful operation of the law. The framers of the code while enacting it, had the right of assume and rightly assumed that the presiding officers of the courts would be competent, knowledgeable impartial and dignified persons, that the members of the bar would sincerely pursue their profession with integrity and honesty and will not extend their knowledge of the law for perpetuation their of wrong, that the courts would have sufficient logistic support for efficient administration of justice. Again justice is not a thing which can be dispensed though a slot machine or a computer which can give as a result when we feed the necessary facts and law in if. Disputes are presented in varied patterns and manifestations which cannot be foreseen and hence the courts are to be clothed with discretionary power to deal with such cases. Dissection plays a great part in the dispensation of justice and the framers of the code granted it to the judges in large measure. No body will say that there done. But we can see in over whelming majority of cases, the judges, in their desire to do...
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