Judges should not enjoy 186-day vacation as cases stack up in Bangladesh, says chief justice

Chief Justice Surendra Kumar Sinha has reservations about long vacation at the High Court where there is a massive backlog of cases.

He has suggested putting priority on hearing of the bail petitions of those who are in languishing in prison for years.

“We cannot have the (holiday) luxury with 300,000 cases remaining stacking up. We cannot go on 186 days’ vacation a year.

The chief justice was speaking at the ‘Baishakhi festival’ organised by Rajshahi University Law Alumni Association at the Supreme Court auditorium on Friday.

He spoke of the surprise with which Korean judges reacted when they heard about Bangladesh’s High Court going on vacation for 186 days a year.

Justice Sinha quoted one of them as saying: “Then how is Bangladesh functioning?”

He said a High Court judge altogether enjoyed more than six months of holidays a year.

“This is reality. None of us can hush it up. 

“If we continue with these holidays, the number of (pending) cases will rise to 1 million from 300,000 in next 10 years,” he added.

The chief justice reminded the lawyers of their role in ensuring the rule of law.

“There was not such division among the lawyers before. Lawyers have to come forward to save the Supreme Court. 

“And case backlog has to be eased to save the Supreme Court and ensure the rule of law.”

Justice Sinha continued: “Lawyers give greater importance to new cases since they earn them bigger money. In majority cases, lawyers don’t remain present at courts during hearing of old cases. Justice-seekers suffer for that.”

He said judges were trying to keep case logjam at a ‘tolerable level’ and told the lawyers: “It will not be possible unless you extend cooperation.”

Earlier, Badruddoza Badal and Robiul Alam Budu of the alumni association, in their speeches, suggested an increase in number of benches for bail hearing.

In reply, Chief Justice Sinha said: “More benches only for anticipatory bails? Do you want hearing on bail petitions of the people on the run first or of those suffering in jails for years?”

Justice AKM Asaduzzaman and Attorney General Mahbubey Alam also spoke at the event.

Justice Asaduzzaman suggested change of mentality of all the stakeholders instead of reducing holidays of judges to ease case jams.