The Judicial Reform Commission has recommended amending the Penal Code and the Code of Criminal Procedure to empower all criminal courts to compensate victims of false cases and harassment.
The commission also suggested increasing the current compensation limit from Tk 1,000 to a higher amount, including an additional Tk 3,000 and the punishment for damages caused by delays in resolving false cases.
The eight-member commission, led by former Appellate Division judge Shah Abu Nayeem Md Mominur Rahman, outlined its findings and 54 key recommendations in a 352-page report published on its website on Saturday.
The JRC noted that under existing laws, only magistrates can order compensation for victims of false cases, with a maximum fine of Tk 1,000 or an additional Tk 3,000.
It proposed raising these amounts in line with the extent of damage suffered by victims.
The commission recommended repealing the authority of executive magistrates to punish individuals, arguing that no one should be punished without the opportunity to defend themselves.
It, however, suggested retaining mobile courts鈥� power to impose fines, conduct searches, and dispose of minor cases.
The JRC advocated for a gradual shift of mobile court authority from executive magistrates to judicial magistrates to ensure fair trials.
It proposed amending the Children Act 2013, to require separate trials for juvenile and adult offenders for same crimes by juvenile court.
The JRC identified excessive case backlogs as a major challenge, noting that despite an increase in the number of judges since 1972, pending cases continue to rise.
It observed that simply appointing more judges would not resolve the problem unless the overall case flow was managed effectively.
To curb the rising case backlog, the commission recommended introducing moral education in families and schools to prevent crime, strengthening counseling services to discourage legal disputes.
The commission recommended appointing retired judges on short-term contracts (2鈥�3 years) to expedite case disposal.
It also recommended establishing judicial appointment council to ensure transparency in judicial appointments, separate secretariat under the Supreme Court to ensure transfers, and promotions based on merit, allocation of a separate budget for the judiciary to enhance its independence and efficiency.
The JRC鈥檚 recommendations aim to bring long-term structural reforms to the judiciary, ensuring fair trials, reducing legal harassment, and streamlining case management for a more effective justice system.
The commission stressed the need to insulate the judiciary from political influence, address judicial impunity, and reform legal education and the legal profession.
