A Study on Delay in Disposal of Civil Litigation in Bangladesh Perspective
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.
1. 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.
2. Rao, P.C. “Alternatives to litigation in India” edited by P.C. Rao and William Sheffield in Alternative Dispute Resolution: what it is
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.
1. 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.
2. Rao, P.C. “Alternatives to litigation in India” edited by P.C. Rao and William Sheffield in Alternative Dispute Resolution: what it is