Justice seekers are facing hurdles as only one High Court bench has been designated to deal with petitions for anticipatory bail, leaving hundreds of petitions unheard amidst overwhelming pressure.
Lawyers and petitioners have expressed frustration over the backlog of bail petitions.
Many accused individuals, fearing arrest, travel long distances to Dhaka, only to return home without their pleas heard.
A petitioner from Cox鈥檚 Bazar said, 鈥業 came with a hope, but my case could not be heard as files cannot be located.鈥�
Now he is in hiding with constant fear of arrest.聽
Lawyers argued that the absence of sufficient High Court benches led to an untenable backlog of bail petitions.
鈥極nly 300鈥�400 of about 15,000 anticipatory bail petitions pending with the bench of Justice AKM Asaduzzaman and Justice Syed Enayet Hossain have been heard since November,鈥� said human rights lawyer Jyotirmoy Barua.
Police headquarters officials told 抖阴精品 that more than 2,500 cases were filed until mid-November against leaders of the Awami League and its associate bodies and law enforcers for the incidents of murders and attacks during the July-August student-people uprising.
They also said that about 8,000 people were arrested in those cases until October 31.
In some cases, court staff members struggle to locate case files when the hearing begins, causing chaos, Jyotirmoy added.
The lone bench also hears such petitions only one day a, intensifying the backlog of bail petitions.
On Thursday, the last working day before the Supreme Court鈥檚 two-week vacation starting December 19, the bench informed lawyers that it could no longer handle the volume of petitions.
Files piled up in the courtroom corridors, with anxious lawyers and justice seekers desperately sifting through them to locate individual petitions.
Lawyers have stressed the need for assigning more High Court benches to address the mounting number of anticipatory bail petitions. 鈥楯ustice cannot be served unless more benches are designated to deal with anticipatory bail petitions,鈥� said a senior advocate, emphasising that the backlog undermined the fundamental right to a fair and speedy trial.
Some critics allege that favoritism might play a role in the prioritisation of cases.
Some claim that petitions linked to influential individuals or those aligned with particular political parties receive precedence over other petitions.
Ali Ahmed Khokon, a Supreme Court lawyer from Khulna, said, 鈥業 submitted three anticipatory bail applications in November, but none was placed on the list of petitions for hearing.鈥�
He said, 鈥楽ome cases with high-level lobbying seem to move faster.鈥�
When asked about these allegations, Supreme Court Bar Association president AM Mahbub Uddin Khokon, also a Bangladesh Nationalist Party leader, refrained from directly criticising the judiciary.
He, however, admitted, 鈥楾he situation has raised concerns鈥�
He said, 鈥楲awyers continued filing anticipatory bail petitions despite judges doubting whether they can hear them.鈥�
Legal expert Shahdeen Malik stated that all High Court benches empowered to handle criminal motions were also authorised to hear anticipatory bail petitions.
Lawyers, however, alleged that most benches refused to entertain such petitions, causing petitioners to crowd the lone designated bench.
They also alleged that the regime change left anticipatory bail seekers with limited options.
鈥楾he designated bench has become overcrowded as other benches avoid hearing the anticipatory bail petitions,鈥� said a lawyer, highlighting the growing frustration among justice seekers.
The judiciary鈥檚 two-week vacation has left thousands of anticipatory bail petitions unheard, plunging both the legal community and justice seekers into uncertainty and distress.
Responding to the growing concerns, attorney general Md Asaduzzaman clarified that the authority to constitute High Court benches lay solely with the chief justice.
鈥楾he chief justice has absolute jurisdiction in this matter, and no external entity can impose a decision over it,鈥� he told 抖阴精品.
