Most of the lawyers across the country fall into deep financial crisis as all the court activities since March 26 waned due to coronavirus pandemic.
Though virtual trial proceedings began in Dhaka courts from May 11, that is not very helpful for the general lawyers. Around 70,000 lawyers around the countries are not able to join the court due to coronavirus pandemic. Lawyers based not only in Dhaka but also in the whole country face the same problems as their economic sources have nosedived now.
Though, Law Minister Anisul Huq said that trials by virtual courts using information technology has introduced a new chapter in country’s law. But general lawyers claim that virtual court proceeding still can’t create equal opportunities for all the lawyers in the court.
Advocate Rasel Mahmud, who is facing effects of court closure due to coronavirus, said we like many other court practitioners are struggling in their life now as they have no other economic source.
“I have no other job so now I am worried about my family and my career too. Even we do not know when this pandemic will be over,” said Rasel Mahmud, a young lawyer.
An ordinance was promulgated on allowing courts to run trial proceedings through videoconferences and other digital facilities. President Abdul Hamid promulgated the ordinance. The cabinet cleared the draft of an ordinance to pave the way for online trial proceedings. Later, from May 11, virtual trial proceedings began in Dhaka courts. As most of the courts are close so the lawyers have a very little scope to work which creates a financial problem in their life. Around 37 lakh cases are pending across the country.
The bail petitions are only being heard in the virtual court through videoconference. So many reputed lawyers are facing problems as no judgment is given in old cases. Considering these issues, the Supreme Court Bar Association (SCBA) and Dhaka Bar Association took initiatives to give loan to their members without interest so that legal practitioners can smooth out the effect of the pandemic.
Talking to The Business Post, President of the SCBA, AM Aminuddin said, “I think the demand for opening the courts is logical. At the same time, we also have to be careful about the current pandemic situation.”
“I hope considering the condition the authority will take proper steps to open the courts,” he added.
Former SCBA secretary Advocate Momtaz Uddin Ahmed Mehedi said, “Since March 26, the regular court activities across the country have been stopped. Now, most of the lawyers have fallen into deep financial crises as they were not able to plead in their cases regularly. Besides, they were also struggling to cope with the pressure of justice seekers.”
“Now many institutions are resuming their operations, so I think the court activities should start very soon. I hope the authorities will restart the regular sessions in all the courts across the country,” he added.
On June 24, a number of Supreme Court lawyers formed a human chain demanding resumption of regular proceedings of the courts, including the Supreme Court immediately. The lawyers said that most of them have been in dire financial straits for the past three months as they have not been able to appear in court regularly. Besides, they claim 95% of lawyers do not have training about the virtual court and lack of internet facility also a barrier for them.
Earlier on June 8, former SCBA president Advocate Khandaker Mahbub Hossain requested the chief justice for reopening the courts across the country.
“Both justice seekers and lawyers are suffering now. Though the government opens virtual court, this is not helpful for the general lawyers and justice seekers. That is why all the courts of the country should be opened immediately,” said Khandaker Mahbub.
He also said, “If necessary, specific policies should be formulated, articulating how many cases will be in the proceeding, which court will hear, what kind of cases will be heard etc. The courtroom of the High Court is very large. If we have two or three lawyers there, I don't think the health guidelines will be undermined. However, it is necessary to ensure that a large number of candidates should not come to the High Court. It must be limited.”
“We do not know when the coronavirus will be contained. So the court should not be closed for a long time,” he added.
nh/wi
