The lengthy process for the disposal of the civil suits is not unknown to anyone. Very few empirical or research-based studies have been conducted on the issue of speedy or timely disposal of suits in our country. The book named Model of Civil Justice, written by Dr. Md. Atickus Samad, is one of the very few research books regarding the civil justice system in the context of our country.
The case backlogs have been discussed for a long time, but we have yet to see any visible improvements, except for recent developments amending the Code of Civil Procedure, 1908. The apparent reasons for this are old laws, an inadequate number of judges and staff, and procedural complexities. Other latent reasons are playing a vital role in these problems. In this book, the writer sought to find out those things.
The book consists of six chapters and starts with an introduction to the backlog of case problems with specific statistics as to the number of cases on the shoulders of the judiciary. This also indicates how the rate of pending cases is growing and contributes to the reduction of public confidence in the judiciary. The book examines the impediments of the civil justice system and looks for an alternative legal system, comparing the pros and cons of the civil and common law systems.
The existing civil court structure and procedure of the civil justice system, from the higher court to the subordinate court, are elaborately analysed. The Alternative Dispute Resolution (ADR) system is expanding in our country, which is cost-free and convenient for the people. Legal Aid Services in every district are definitely a litigant-centric innovation in this regard, which plays a vital role in mediating disputes out of court and provides legal aid for the marginalised people.
The researcher described the problems of the civil justice system in Bangladesh with specific statistics, empirical studies, and his personal experience in the judicial service. When we get to know the real contributing factors behind any problem, it becomes easier to find a sustainable way out. I think every problem of the civil courts was addressed properly with a probable solution. In this book, every impediment in our civil justice system has been examined from a holistic and practical approach.
Lastly, the researcher tried to explore the most suitable justice system for Bangladesh, analysing the effectiveness of the civil and common law systems. He basically compared the legal systems of England, Canada, Germany, and the United States of America with that of Bangladesh. One thing that is common to all three model countries is the disposal of disputes through a pretrial process or Alternative Dispute Resolution (ADR). Recently, Bangladesh has also taken several landmark steps to encourage mediation out of court. The researcher has recommended an adaptable civil justice system combining the merits of both adversarial and inquisitorial justice systems, which is prevalent in Germany. Those who want to know about the civil justice system of our country and the problems our civil justice system faces may read this book to get a comprehensive idea.
The writer is a Judicial Magistrate, Bangladesh Judicial Service, Chief Judicial Magistrate Court, Gopalgonj
