In the context of the current Bangladesh, a survey in Supreme Court reports show that from October to December last year, the number of pending cases across all courts, including the Appellate and High Court Divisions, increased by 73,093. By December 31, the total number of pending cases stood at 45,16,603, including 31,606 in the Appellate Division, 5,89,651 in the High Court, and 38,95,832 in lower courts. This marks an increase from September 30, when the figures were 28,901, 5,77,280, and 38,37,329, respectively. The total backlog was 44,43,510 at that time, according to the SC reports. From October to December, a total of 2,74,749 cases were disposed of across all courts, while 3,84,074 cases were filed. The Appellate Division received 2,705 new cases and disposed of 486. The High Court received 18,967 cases and resolved 6,597. Lower courts settled 2,67,666, while getting 3,62,402 new cases. In the previous quarter (July-September), 3,36,421 cases were filed, and 2,71,917 were settled, according to the reports.. This has doubled compared to the last decade. As time goes by, the number of cases in Bangladesh is increasing. The main reason for this is that the number of judges is less than the number of cases and the resolution of cases takes a long time, so new cases remain pending for a long time. The discussion will analyze how much role the ADR system can play in criminal cases and what role it will play in effective resolution. To compare the ADR system of Bangladesh with the ADR system of the European country Norway and highlight how effective it will be in Bangladesh.
In Bangladesh, the rate of litigation through ADR is very low. In Bangladesh, most of the time, disputes or cases are settled outside the court through ADR in civil cases. Although there are limited ADR initiatives in civil cases, there is no such precedent for ADR system in criminal cases in Bangladesh. Basically, 4 methods are used in ADR. 1. Arbitration 2. Mediation 3. Conciliation 4. Negotiation. Although there is a specific law for Arbitration in Bangladesh, there is still no specific law for the remaining 3 methods. The “Legal Aid Services Act, 2000” and The “Arbitration Act, 2001” is there for ADR, but this law has not yet become acceptable to everyone. How the ADR system can be started in criminal cases in Bangladesh will now be discussed in detail. For this, the “Conflict Council Act, 1991” of the European country Norway will be discussed in detail to see how effective this law is in the context of Bangladesh.
Everyone expects that the judicial process will be completed in a short time. But due to the fact that millions of cases are pending in Bangladesh, the cases can be settled quickly. In criminal cases like civil cases, ADR can also be used to settle cases in the fastest possible time. However, many people are also skeptical about introducing ADR in criminal offenses. If we look at the laws of the developed world, namely Norway, they have already set an exemplary precedent by implementing ADR in criminal cases. The United Nations and the European Council have praised them for the success of the judicial process in their criminal cases through ADR. This has earned them global acceptance. Norway is the most successful and globally recognized example of a Criminal ADR system in Europe, which has established a balance between humanity, rehabilitation and justice. Norway’s Criminal ADR, countries like Finland, the Netherlands, Canada and Australia also follow the Norway ADR Model. In Europe, Norway is the country that has established a strong and international precedent in criminal cases, especially in the case of juvenile and minor offenses, through ADR. ‘The Norwegian Mediation and Reconciliation Service’ is a state-funded organization in Norway, but it is a neutral organization, so no one can take a decision in their favor by showing political influence. They basically reach a settlement between the offender and the victim on the basis of “Restorative Justice”. Their Criminal ADR is basically applicable to juvenile offenders, Theft, Minor Criminal Offense, Assault, and Damage to property. As a result, recidivism is reduced, and the judicial process is completed quickly. Section 2 of the “Conflict Council Act, 1991” clearly states that ‘This Act shall apply to minor offenses, juvenile crimes and certain civil disputes if both parties consent.
If we analyze the effectiveness of the Norwegian law, if we want to unify it with Bangladesh, the ADR system can be added to some laws of Bangladesh and, just as the ADR system is in operation in Civil Cases, it is possible to expand the ADR system to Criminal Cases. However, it can be introduced in certain cases of crimes. Most of the criminal crimes in Bangladesh are minor street theft cases, threats and fights between neighbors regarding land issues, and light fights. Therefore, it would be possible to introduce a Criminal ADR system like Norway in Bangladesh in these crimes. If in the current reality of Bangladesh, less serious crimes can be brought under ADR and managed properly, then the trial process will be completed quickly, the common people will get justice, the mental burden of both the criminal and the victim will be reduced, and the pressure on the court will also be reduced, as a result, the trial process of other crimes will also be settled in the fastest time. Although criminal crimes are between the state and the accused, there are some legal loopholes where criminal cases can be settled out of court. According to sections 345 and 346 of CrPc-1898, certain compoundable offences such as minor injuries, petty theft, and defamation can be compounded with the permission of the criminal judge. Certain laws of the “Village Court Act, 2006” can be resolved through local arbitration. “Children Act, 2013” provides for diversion, mediation or family conference in the case of child offenders. These 3 laws are consistent with the law of Norway. Therefore, since they have been successful in resolving these crimes through ADR, it is necessary to enact a law like the Criminal ADR Framework Act in Bangladesh as well, which clearly states in which crimes ADR will be applicable, how the consent of the victim will be obtained and how and under whose supervision it will be implemented.
It has been discussed that the ADR system can be successful in the case of compoundable offenses. To prevent powerful people from influencing the ADR process, a neutral organization should be formed under the supervision of the government. Specific laws and policies should be added and it should be mentioned how much ADR will be effective for minor offenses, how much ADR will be effective for moderate offenses, and how serious offenses will be completely prohibited. The court should create a precedent. Regular Criminal ADR cases will be regularly monitored by the government’s ADR officer. If all these methods are adopted, it is possible to create a precedent by introducing a Criminal ADR system like Norway in Bangladesh. This will balance the state, set a global precedent, reduce the number of cases, speed up the judicial process and the victims will get compensation and justice.
Khadimul Islam is a student of law at Presidency University
