Corruption remains a significant issue in Bangladesh, deeply affecting various sectors including the judiciary. Efforts aimed at reforming the judicial system, such as enhancing its independence and the establishment of a separate judicial secretariat, are essential. However, these reforms may be ineffective if corruption persists. A recent survey by Transparency International Bangladesh revealed that 62.3% of respondents experienced corruption while seeking judicial services. This pervasive issue limits direct access to judges, making litigants reliant on court administrative staff, such as clerks and bailiffs, who often play a pivotal role in both facilitating and obstructing justice.
Judges hold the primary responsibility for delivering justice, yet court staff significantly influence judicial processes. Administrative personnel often manipulate timelines by intentionally delaying hearings, thereby benefiting one party over another. Such practices are prevalent across various court systems, contributing to a culture of corruption that extends to the higher judiciary as well.
Record manipulation is another critical facet of corruption within the judicial system. Instances of tampering with essential case documents have been reported, such as the disappearance of 1,911 case dockets from the Chattogram court. Additionally, the role of summons issuers presents another layer of corruption, where their actions—like delaying the delivery of summons or colluding with parties—impede justice delivery.
In response to some of these issues, the recent amendments to the Code of Civil Procedure (CPC) aim to streamline the issuance of summons, allowing delivery via more efficient means like SMS and phone calls. This change seeks to reduce manipulation opportunities and enhance accountability in the service process.
Nonetheless, reform proposals from the Judicial Reform Commission will not fulfill their potential for a judiciary embodying public aspirations unless the structural corruption issues are addressed. A comprehensive reform strategy is necessary to combat administrative corruption effectively. This strategy should include incentives for both judges and staff—adequate remuneration, career advancement, and conducive work environments, alongside clear and enforceable sanctions for corrupt practices.
Regular training and skill enhancement initiatives centered around international best practices can fortify court staff’s competencies. Moreover, fostering a culture of integrity and accountability hinges on the conduct of presiding judges, who must employ both disciplinary and developmental measures effectively.
Evaluating performance through reformed mechanisms such as Annual Confidential Reports can help ensure objectivity and transparency, mitigating misuse by senior officers. Lastly, cultivating a collaborative working environment among judges and court personnel can enhance institutional cohesion, especially for newly appointed judges. Together, these strategies can significantly curtail corruption while improving the overall integrity of the judiciary in Bangladesh.
