The potential of virtual testimony to reduce court backlogs
In 2022, the Law Commission recommended enacting a new law named the 'Use of Information Technology for Testimony and Trial Procedure Act' with a provision for virtually depositioning witnesses from anywhere in the country or abroad
The virtual court was launched for the first time in Bangladesh during the Covid-19 pandemic. Considering the situation and litigants' plight, the government enacted a law to run virtual courts under the 'Use of Information Technology by Courts Act 2020' (Act No. 11 of 2020).
In 2022, the Law Commission recommended enacting a new law named the 'Use of Information Technology for Testimony and Trial Procedure Act' with a provision for virtually depositioning witnesses from anywhere in the country or abroad. This recommendation came as part of the digitisation of the judiciary.
Under this law, judicial proceedings at any stage of the case, including taking testimony and hearing, will be conducted in the virtual presence of litigants, their lawyers or any other related persons or witnesses, through audio, video or any other electronic device.
Some "Practice Guidelines" must be followed to implement this effectively. Chief Justice Hasan Fayez Siddiqi has issued the "Practice Guidelines" under section 5 of the 'Use of Information Technology by Courts Act 2020' (Act No. 11 of 2020).
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The long time it takes to process a case in our courts is one of the sad realities of the justice system in Bangladesh. The chief justice of the country himself has admitted this causes grief to ordinary people seeking justice. In various meetings and seminars, he urged the judges to reduce the time in completing the trial of cases.
According to media reports, over 30 lakh cases are pending with the courts at present. This number is increasing daily due to the long time it takes to process the cases. Because of this delay, people lose trust in the judiciary because justice delayed is often justice denied.
One of the significant reasons for the protracted cases is the lack of timely investigation report submission. However, delays in taking evidence add to the slowdown at the trial stage.
In many criminal cases, the investigating officer, the doctor preparing the medical report and the magistrate taking the statement under section 164 do not appear in court in time to take evidence or to testify. At other times, they get transferred to somewhere else as part of their government jobs. And when that happens, often they do not return to the court to testify.
Sometimes, an important witness in a case goes out of the country, and the proceedings are stalled because of that. Their absence prolongs, and sometimes stalls the proceedings of the case. The parties in the case often take advantage of this by exploiting the absence of the witness.
Legal researchers have repeatedly recommended that such witnesses appear in court virtually. This option was not possible due to legal restrictions until now. The 'Practice Guidelines', recently announced by the Supreme Court, present a unique opportunity to reduce the procrastination of cases.
Another potential benefit of this process is the opportunity for prisoners to appear in court virtually. Bringing the prisoner from jail to court on the scheduled date of the case is a massive operation requiring tremendous manpower. There have been incidents of many accused fleeing en route.
Besides, regular attendance at the court via virtual proceedings is an opportunity for the prisoner to inform the court whether anything illegal has been committed against them.
The court should also ensure its technical capability and efficiency so that no one can misuse the technology to circumvent the law.
Noman Alam is an Apprentice Lawyer of Chattogram District and Session Judge Court.
Disclaimer: The views and opinions expressed in this article are those of the author and do not necessarily reflect the opinions and views of The Business Standard.
