Use of IT in judicial

proceedings - Bangladesh
Perspective
 Introduction
The 21st century has witnessed remarkable technological
developments in different fields throughout the world. These days, the
vast majority of businesses would not survive without the use of
information systems. They are sending internal emails, marketing via
the web, managing e-commerce web sites, and storing and tracking
data online. Information Technology consists of hardware, software,
and media for collection, storage, processing, transmission, and
presentation of information. Whether we work in a large or small
business, Information Technology is going to play a significant role in
our day-to-day tasks.

Our Judiciary faces many problems such as backlogs, delays and

expenses are well known. Using IT, such problem can contribute
significantly towards improvement and alleviation of difficulties.

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 What is Information Technology
Information technology (IT) refers to anything related to computing
technology, such as networking, hardware, software, the Internet, or
the people that work with these technologies. IT is the use of any
computers, storage, networking, and other physical devices processes
to create, process, store, secure, and exchange all forms of electronic
data. Over the years, technology has caused an explosion in every
sector. Because of technology, many traditional business models and
concepts were revolutionized. Technology allowed us to see things
from a new perspective. Technology also gave us greater efficiency in
conducting employment.

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 Why need to implementation of IT in our courts?
Bangladesh’s formal justice system is reeling under the pressure of a backlog of
more than 35.82 lakh cases are now pending with the higher and lower courts
across the country. Proper technology installations make court proceedings more
efficient. Across the world, information technology implementation levels vary
widely. In Europe, It appears that so far, most courts have largely used IT to assist
their paper based processes. Our local courts not used technology to basically
improve their processes. There are lots of pending cases in our courts. We know
our court procedure is very slow. The current process of copying case files
involves the physical movement of files from one office to another, which can
impact the sanctity of the file, and is time consuming as well. If technology is used
in our Judicial process, it can reduce costs and improve the speed and efficiency.
While using Internet video-streaming applications that enable remote participation
in hearings and distance communications between parties. When we established a
central database system then we can find all the information about our case online
include Cause list, Hajira , and all the information about the case. Use of
Technologies can reduce the Workload. When we use Technology in our judicial
proceedings it can play a more significant role in anti-corruption. Today it is very
difficult for a common man to access judicial services, particularly related to the
cases she/he is concerned with or is a party. However, if we use technologies then
it is very easy to access judicial services.
The aim of the separation of judiciary from executive was also to eliminate
corruption and delays from the country’s judicial system. The use of IT in the
courts was recommended to help achieve these objectives.
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 Comparing court use of IT
Finland, Austria and the United Kingdom, Estonia, Slovakia and Hungary, are in the
very high implementation group. High levels of implementation can be found in
France, Germany, Sweden, Latvia, Bulgaria and the Netherlands. Belgium, Ireland
and Croatia are in the moderate level group. In the low level group we find Cyprus,
Ukraine and Russia. In the very high level group, technologies providing direct
support for judges and support staff are fully functional, and countries in this group
are ahead of the other groups with digital access and communication. They use web
forms, special web sites and other forms of electronic communication more than the
others. Austria has developed the Electronic Legal Communication, a system that is
updated periodically with new technical capabilities. This system was initially
developed for communication between lawyers and the courts, but it has gradually
been opened up for other user groups. In England and Wales, a special court was set
up to process small money claims for large claimants such as energy companies and
banks. This procedure is now accessible to everyone living in England and Wales. It
is used frequently by small businesses and the self-employed. The functionality of
this court, Money Claim On Line (MCOL), was extended to another simple
procedure, that of repossession: Possession Claim On Line (PCOL).

The Supreme Court of India is set to launch its Case Management Information
System (ICMIS). It will provide litigants easy access to file cases digitally. It is
expected that once the system comes into practice, case records will be
electronically picked up by the judges.

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 How can we use IT to make our judicial procedure
more effective:
The main business of the judiciary is to hear and determine cases in a fair and timely
manner at reasonable cost. In doing so there are processes that lead to the conclusion
of the cases before the courts. These processes must be efficient, effective, and
equitable. We can Modernise our Judiciary using of IT on the following point:

• A central database system.

• Online query system for precedents, citations, codes, statutes etc.
• Online Cause List and online statistical reports.
• Online updating of data, monitoring and “flagging” of events.
• Daily List generation with historical data of each case.
• Word processing with standard templates including generation of
notices/processes.
• Enabling witness/party to appear in court by telephone or videoconference.
• Feedback reports for use of various levels.
• E-filing new cases and pleadings.
• Use of mobile SMS service
• Use of electronic mail
• Deliver summon thorough online (E-mail, Phone SMS)

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 Are Bangladeshi courts using IT (Present
Scenario)
Our court rooms are not mostly up-to-date. Most of the court room has no internet
access, video conferencing management, e-cause list, online submission system,
modern database etc. which causes delay, mismanagement, corruption, loss of
unnecessary expenses in the cases. We need to reform our judicial system and need
to increase the use of IT. Use of information and communication technologies in
improving access to justice, resource utilization and planning, administration,
efficiency and transparency of the system.

Though Bangladesh judiciary has not digitalized radically yet, some timely steps
have been taken. Supreme Court of Bangladesh has started to upload the latest
landmark judgments in their website. Online cause list is also available in the
abovementioned website. Besides, the Supreme Court has also introduced online
bail system, preserving information relating to cases, introduction of search tools,
case SMS service, and online complaint service. Bangladesh Police has launched
online GD filing system recently.

Recently a news was published in Prothom-alo also Ekattor tv that there no

computer is present in cyber tribunal courtroom. That means who deals with Cyber
related cases they did not use computers and the internet. It is a very bad sign for us
that those the court deals with technology related cases but they did not use
technology.

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 Future goals use of IT in our
judiciary
Bangladesh Awami League, one of the major political parties, first declared
vision 2021 with the aim to turn Bangladesh into a digital country by the
next decade. In “Digital Bangladesh” they mention the key problem of
Bangladeshi Judiciary and what is their vision to modernize the judiciary
using technology and the outcome of their vision. Their vision i) ensuring
citizens’ easy and affordable access to judicial services; ii) eliminating
pending cases through digitalization of case and court management
process, iii) improving legal enforcement system through integration of
ICTs in all stages of legal process, e.g., digitalization of case record
management.
The ministry has undertaken an e-judiciary project involving Tk 2,690
crore to introduce digital system in judiciary, automate administrative
system and trial process, establish e-courts and increase ICT knowledge
and efficiency of the judges, lawyers and officials concerned. A total of
1,400 courtrooms across the country would be turned into e-courtrooms.
Micro data centres will be established in 63 districts except Dhaka and an
interconnection will be established between the data centres of Law and
Justice Division and the Supreme Court.
In Sylhet District Court, digital recording of deposition system will be
introduced soon.
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 Disadvantages
There are lots of advantages use IT in our judicial procedure though
there are some disadvantages as follows:

a)While the use full motion computer generated evidence and other
forms of trial technology can be impressive, it is argued that they
can also be used to manipulate the events being shown, either
intentionally or unintentionally.
b)The data may be full of errors or discrepancies,or it may, for one
reason or another, be irrelevant or improper as evidence.
c)The computer may have been improperly programmed or not
programmed to detect errors.
d)The possibility of miscalculations and misleading computer
generate evidence.

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 Recommendations
a) The whole old-fashioned courtrooms should make fit for digitalization.
b) Court record room should be modified with Online Database System (ODS) and
case Management System (CMS) as well.
c) Judges, lawyers, law enforcing agencies and court officials should be trained so
that they can properly use of these technologies.
d) Use of technology has high risk of being hacked, distorted and misused. Proper
steps should be taken to tackle such risks.
e) We need to reform our law, especially the Evidence Act, 1872 to make the
judicial process more effective with the use of technologies. The Evidence Act,
1872 doesn’t admit digital evidences till now.
f) Backup plan should be ready for the urgencies.
g) People must be aware and cooperative to use e-judiciary.

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 Conclusion
It is high time to introduce a complete e-judiciary system in the
entire country to increase efficiency, speed up the process, and to
reduce stock piles of cases. This will not only stamp out corruption
from within the judiciary, but will also improve our justice system.
Information Technology creates both opportunities and
challenges. Now judiciary of Bangladesh is all set to implement
ejudiciay project for the digitalization of Bangladesh Judiciary.

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