Civil Courts (Amendment) Act: Law Minister assures change in amendment touching HC jurisdiction

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Staff Reporter :Law, Justice and Parliamentary Affairs Minister Anisul Huq had a meeting with senior lawyers of the Supreme Court at Supreme Court Bar Association auditorium on Sunday. The meeting was presided over by the president of the association, Yusuf Hossain Humayun. Many of the former presidents of the association along with other eminent lawyers were invited to meet the minister to give their views on the recent change of the Civil Court (Amendment) 2016 by which the High Court Division’s jurisdiction to hear civil appeals was seriously restricted retrospectively.The appeals for claim worth above five lakh taka pending before the HC Division stood transferred to the Additional Judges under the amended law itself denying any part to play by the Supreme Court. This happened because the District Judges’ monetary jurisdiction was enhanced by one single leap from five lakh taka to five crore taka.The leading lawyers unanimously termed the amendment unjustified giving such wider jurisdiction empowering the single District Judge to dispose of cases previously heard by a Division Bench of High Court Division comprising two judges and such a move could not be good for the confidence of litigant public. Some senior lawyers suggested that monetary jurisdiction of the District Judges from the present five lakh taka could be raised to ten lakh but it can not be five crore taka. They also mentioned that the lower courts are already overburdened with existing cases and delays in disposing these appeals on the way to be transferred are inevitable. So, amendment was not public interests, they added.The senior lawyers requested the minister to stop transfer of the appeals now pending before the High Court Division.As an additional point Barrister Mainul Hosein could not accept the way the High Court Division’s jurisdiction was reduced. In his view, the judiciary being independent the law affecting jurisdiction of courts should have been made in consultation with the Chief Justice. He also spoke of the need of a separate secretariat for the Supreme Court.To this, the Law Minister’s explanation was that he discussed with the Chief Justice generally about the changes to be made but it was some time back and it was possible that the matter was not pointedly emphasised by him.Two lawyer members of the parliament, Nurul Islam Sujon and Sanjida Khanom, also attended the meeting. They promised support for change in the amendment if it is proposed.The discussion was held in a friendly atmosphere and the Law Minister himself has agreed that the demand of the eminent lawyers is logical. He has assured the lawyers of logical change in the amended law.Among others, SCBA President Yusuf Hossain Humayun, Secretary AM Mahbub Uddin Khokon, Attorney General Mahbubey Alam, former President of SCBA Barrister Mainul Hosein, Barrister Amir-Ul Islam, Barrister Shafique Ahmed, former Law Minister Barrister Moudud Ahmed, AFM Majbah Uddin, Dr. Bashir Ahmed, SM Rezaul Karim, AM Amin Uddin, Nurul Islam Sujon, Sanjida Khanom, AY Moshiuzzaman, Saidur Rahman, AJ Mohammad Ali, Jaynal Abedin, Advocate Munsural Huq Chowdhury, Qamrul Huq Siddiqui, SM Monir, Advocate Sheikh Akhterul Islam, Barrister Rabeya Bhuiyan, Advocate Rabiul Alam Badu, Advocate Probir Niyogi, Advocate R Qaiyum, Advocate Azharul Bhuiyan participated in the exchange of views with the minister.

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