20 Days After Separation of Judiciary
4,500 cases shifted in Sherpur: Acute shortage of judges
Bar files case for courtrooms as no case disposed of since Nov 1
Files of about 4,500 criminal cases lodged with Sherpur executive magistrate courts have been shifted to the chief judicial magistrate court since separated the judiciary from the executive section on November 1.
But trial of the cases is being hampered seriously in judicial magistrate courts due to shortage of judges, courtrooms and officials, sources said.
Permission was sought for use of executive magistrate court rooms at Sherpur Collectorate Building (Deputy Commissioner's office) by judicial magistrates but the deputy commissioner (DC) did not allow it, saying approval from the establishment ministry is needed for that, sources said.
Before separation of the judiciary, 11 judges sat at six courtrooms under the district magistrate by turns and tried cases.
Now three judges (one chief judicial magistrate, one judicial magistrate and one additional judicial magistrate) sit in judicial magistrate courts, the sources said. They hold courts in three small courtrooms in two buildings under the District and Sessions Judge's court.
On Sunday, this correspondent saw a huge crowd of litigants at the judicial magistrate courts.
To find a solution to the problem, Sherpur Advocate Bar Association held a discussion meeting with the district judgeship, district administration and district police at its office on November 15.
Among others, Sherpur District and Sessions Judge ASM Mahfuz, Deputy Commissioner (DC) Shamsunnahar Begum, Police Superintendent Krishnapada Roy, First Joint District Judge Sheikh Mofizur Rahman, Additional Deputy Commissioner (General) Abdus Sattar Sarkar, Public Prosecutor (PP) Shakhawatullah Tara and Bar leaders attended the meeting.
At the meeting, Bar president Sirajul Islam and secretary Imam Hossain Thandu requested the Deputy Commissioner (DC) to allow use of the five collectorate courtrooms by judicial magistrates.
Deputy Commissioner (DC) Shamsunnahar Begum declined, saying, permission from establishment ministry is needed for that.
To ease the situation, authorities are now thinking to use the three courtrooms in Sherpur Old Court area (ex-munsef court) in Madhabpur area in Sherpur town after renovation, officials at district and sessions judge's court told The Daily Star.
"The authorities are also thinking renting houses for use as courts”, an official said.
But these would invite problems and security risk, some lawyers said.
Meanwhile, a case has been filed against seven officials including establishment secretary, Sherpur deputy commissioner, district magistrate, additional district magistrate, additional deputy commissioners (revenue and general) for not hand over of the five courtrooms under Sherpur District Magistrate to the Chief Judicial Magistrate after separation of the judiciary.
Sherpur Bar vice-president Haridas Shaha, secretary Imam Hossain Thandu and joint secretary Abdul Aziz filed the case with the court of Sherpur Senior Assistant Judge Mahmudul Karim on Monday.
After hearing of the case, Judge Mahmudul Karim issued show cause notices on the officials, asking them to reply within three days why a 'mandatory injunction would not be made to hand over the courtrooms to judicial magistrates'.
"So far I know, judicial magistrate courts in Sherpur could not dispose of any case since separation of the judiciary," Imam Hossain said.
When contacted, DC Shamsunnahar Begum, said she did not receive the notice so far.
"We will act as per law after received the notice," she said.1
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