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It has been decided to launch a virtual court as the regular courts are closed due to public holidays announced in the context of coronavirus infection. According to the decision, three banks will sit in the Superior Court.
A bench will be seated led by Judge Obaidul Hasan, Judge Jahangir Hossain Selim and Judge Muhammad Khurshid Alam Sarkar. These courts can hear any urgent matter, including the request for bail. However, only bail requests can be heard in lower courts across the country. In this sense, the Secretary General of the Supreme Court. A notification signed by Ali Akbar has been issued.
Legal proceedings are known to start from Monday. Court proceedings will be conducted only if attorneys apply in this system today. However, after receiving the request, the judge will decide when and how the hearing will be held.
Meanwhile, 14-point practice guidelines have been issued on how the virtual court will hold hearings, give orders or verdicts, where attorneys will file applications or cases, and how to conduct hearings. It was also decided to include these provisions in the Rules of the Superior Court.
These decisions were made at a full court meeting chaired by Chief Justice Syed Mahmud Hossain. Judges from both divisions of the Supreme Court participated in the meeting, which was held by videoconference at 11:30 a.m. at 12:30 p.m. on Sunday. At this meeting, the judges presented their views.
Attorney AM Amin Uddin, president of the Supreme Court Bar Association, told Kaler Kanth about the virtual court system and appreciated the decision of the full court meeting. He said that as a result of this decision, legal proceedings began as of Monday. Now, if the lawyers request it, the corresponding court will give more instructions in this regard.
Practice instructions
The practice guidelines state that the application must be summarized on one page and sent to the lawyer by email to the corresponding Superior Court banking officer. The bank officer will submit it to the judge by email. After obtaining permission, the request must be sent by email. In that case, some rules must be followed. After applying in accordance with the rules, a copy will be sent to the Office of the Attorney General. The schedule will be posted online. The hearing will be held according to the time indicated in the agenda. In case of any difficulties in conducting the court, the bank in question can issue the necessary instructions.
Jurisdiction of the Superior Court
Pursuant to the decision, Judge Obaidul Hasan’s bank will hear all urgent briefs and related civil motions and requests, Judge Jahangir Hossain’s bank will hear all urgent criminal motions and related bail requests and other cases will be heard on Judge Muhammad Khurshid Alam Sarkar’s bench.
Instructions issued for lower courts
The court will remain closed until May 16, according to a notice issued on the conduct of courts across the country. All Bangladesh District and Session Judges, Metropolitan Session Judge, Court Judge on Suppression of Women and Children Abuse, Special Court Judge Judge, Counter-Terrorism Court Judge, Trial Court Judge and Rapist Violator Public Security Chief Judge and Judge or The Metropolitan Magistrate or one or more Magistrates under their control have been directed to carry out judicial proceedings in order to eliminate them through virtual presence using information technology only in the use of Information Technology. 2020 information and following specific deposit instructions. This instruction will remain in effect until further notice.
The full judicial meeting was held on April 25 following the attorneys’ continued plea to initiate virtual court activities. After the decision made at this meeting, the administration of the Supreme Court asked the President to issue an ordinance to introduce a virtual court system to hear urgent matters in all the courts in the country. After receiving the request through the law ministry, the law ministry released a bulletin on Saturday in light of the president’s instructions. A gazette was published in court under the name of the Information Technology Use Ordinance, 2020. The power of this ordinance empowers the court to ensure a virtual presence by giving the court the power to prosecute cases, conduct judicial investigations , hear petitions or appeals, take evidence, accept arguments, issue orders, or make judgments.
After the issuance of this ordinance, the Rules of the Superior Court must also include this provision to carry out the judicial work of the Supreme Court. That is why today a full judicial meeting was held under the presidency of the President of the Supreme Court. The meeting decided to include the virtual system in the Rules of the Superior Court.
It should be noted that, in the context of coronavirus infection, in line with the government-announced general holiday, a general holiday has been declared in courts across the country since March 26. Gradually, the general vacation period is increasing. At the moment, there is a general holiday until May 16.
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