Staff Reporter :
A section of Supreme Court lawyers suggested that virtual court proceedings should be allowed to continue as the Coronavirus pandemic did not end yet, and that necessary steps should be taken in upgrading the technology in order to facilitate this.
The death of some lawyers and judges after being attacked with Covid-19 has reinforced the importance of this view.
The lawyers said that digital functions could be continued along with the regular proceedings for being cheaper and faster, besides addressing locational and economic shortcomings.
It also ensure safety of vulnerable witnesses, expedite processes, and is an improvement over traditional courts since virtual courtrooms are more affordable, people-friendly and offers greater access to justice, they also opined.
On the other hand some of the lawyers feel discomfort with the system and they want regular court proceedings with physical presence.
Advocate Khurshid Alam Khan says he feels totally discomfort with the virtual system of hearing and the lawyer demands regular court proceedings.
Barrister Shanjid Siddique, a Supreme Court lawyer, said, “The virtual system of hearing kept the judicial functions open during the lockdown and now it should not be wholly abandoned. The virtual court has the advantage of remote hearing and the judges and lawyers can connect from their homes in case of urgency.”
“Besides, it saves travel time and thus the court time can be fully utilized. In addition, all the citizens have not received vaccination of Covid-19, and therefore, we should seek to reduce public gatherings for our own safety,” said the lawyer.
Barrister Sayed Mahsib Hossain, a Supreme Court lawyer said, “We have many old aged judges and lawyers. Their physical appearance in courtrooms can be a threat to their health security. So the virtual system should be continued along with the regular court proceedings as well. But for easing the case procedure the technology system should also be upgraded.”
“Many steps of our judicial system are not familiar with the virtual courts. Especially Evidence Act and Penal Code were enacted before a long ago. Then there was no virtual court system. You must need physical appearance during complying many sections of this law which is not possible in virtual court system. As a result the trial proceedings may be questionable in the next stages.” added the lawyer.
Anyone can submit a fake document in the court which cannot be examined instantly, or one person might appear instead of another during the testimony in this system which can make the trial proceedings questionable, Barrister Mahsib also added.
In the context of Coronavirus pandemic, the President on May 9, 2020, sanctioned the operation of virtual courts by the judiciary by passing the Adalot Kortrik Tothyo Projukti Byabohar Odhyadesh 2020 (roughly translated as the “Use of Information and Communications Technology in Court Ordinance 2020”).
Following the ordinance the Supreme Court issued practice directives for the Appellate Division, the High Court Division and the subordinate Courts for conducting judicial proceedings through video conferencing and the country started its journey of conducting judicial proceedings through virtual courts on 11 May 2020.
After that the apex court and most of High Court division benches and subordinate courts are holding hearings of the cases through video conferencing.
