THE government’s not effectively minding the absence, or presence, of public prosecutors and government pleaders in lower courts is delaying justice as judges are compelled to adjourn hearing during cross-examination of or deposition by witnesses, which undermines the delivery of justice. The law officers, including public prosecutors and government pleaders, appointed during the Awami League government, which was overthrown in a student-mass uprising on August 5, have been absent from the court, leaving justice-seekers in the lurch. Legal experts and court officials say that the interim government, installed on August 8, has yet to replace the officials appointed during the Awami League’s tenure in office with people freshly appointed. More than 700 law officers, including 64 government pleaders, were appointed during the overthrown Awami League government’s tenure to conduct civil cases in district courts and 2,520 other law officers, including 68 public prosecutors, were appointed during the regime to handle criminal cases in metropolitan courts. Special public prosecutors were, moreover, also designated to various tribunals across the country. A special prosecutor cites the changed political context for his absence from the court. Public prosecutors in many district and metropolitan area have, in such a situation, either refrained from attending courts or delegated the duties to their juniors.

Amidst the marked absence of public prosecutors, efforts to replace Dhaka metropolitan public prosecutor with a criminal law expert failed on August 28 in the face of protests by lawyers inclined to the Bangladesh Nationalist Party. Whilst such a situation delays justice and harms the delivery of justice, this has also given rise to an illegal practice. Court officials say that lawyers inclined to the Bangladesh Nationalist Party were voluntarily appearing in magistrates courts in favour of the police prayers that seek Awami League leaders, their associates and others to be remanded in custody and against the prayers that seek them to be remanded on bail. A Supreme Court lawyer says that Section 495(1) of the Code of Criminal Procedure allows only prosecutors appointed by the government and designated police officers to represent the state. A case in point is the opposition of the bail prayer for a detained film director by lawyers loyal to the Bangladesh Nationalist Party that took place illegally on September 26, as New Age reported on October 1. The law secretary admits the delay in the appointment of law officers and hopes that the adviser on law to the interim government would soon take steps to expedite the process of appointment.

It is, therefore, imperative that the government should take early steps to attend to the issue that not only delays justice that a huge number of people seek and harms the delivery of justices but also gives rise to an illegal practice in breach of the Code of Criminal Procedure. The government must also look into the breach of the law that has reared its head in the absence of public prosecutors and government pleaders.