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Monday, January 18, 2021 11:41:32 PM
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Recent Trends Of Judgments

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Dr. Syed Nesar Ahmad Rumy :
Recently one important thing happened in the country that has drawn the attention to the people of all walks of life. The matter is the verdicts of different subordinate courts regarding the issues on women's oppression, addiction and issues mattering husband wife relation, son and parents relation etc. Different news on that matter was published in the national newspapers and electronics media. Definitely those verdicts have become the landmark in the judicial history in Bangladesh. Many people say many things about our judiciary. Some are dissatisfied and some are not but the party who get the verdict in favor of them they become happy. Truly this is the general nature of public opinion about the verdicts of the court. It is very rare that both the parties are happy over the judgment of the cases. Now it is happening in Bangladesh. People and aggrieved parties are welcoming this decision.
In the last three/four months some judgments delivered by the Learned Judges in many subordinate courts are unique in nature in different places of Bangladesh. The places are Sunamganj, Feni, Rajshahi, Magura and Satkhira. At Sunamganj court, about fifty persons were acquitted as the wives of those persons had withdrawn the cases lodged against their husbands. Because those persons understood their mistakes and misbehaviors as they promised to the court that from now on they would run their family with peace and tranquility and they would not do anything which is not conforming to good behavior and gentility. The court took lenient views and gave a verdict hearing both the parties and in this way about fifty families would start their new lives, it was reported in the national newspapers and media on 26th of November 2020.
The incidents in Feni and Rajshahi were of this nature that one woman was raped by a person and that person was arrested and facing trial. In different dates his bail petition was rejected. But after some days relatives of plaintiff and accused came to a consensus that the plaintiff and accused would marry each other. Acknowledging this development to the learned court they placed a submission to the court. Hearing all this Learned Court approved bail petition of the accused. Before getting bail the accused had to marry that woman at the gate of the Jail. The incident happened in Rajshahi was almost same as like as Feni. All these news are reported in the different national dailies.
The incident at Magura was very unique. The story is that one person in his late twenties was addicted in drugs. Several times he became violent and tortured his parents. Later police arrested him and placed him to the court. Hearing the matter the learned court gave him a sentence of one year with a condition and he was not taken to the prison but the court declared that the person had to stay in his residence one year and he would serve his parents with good behavior/treatment. In this judgment parents and the accused became happy and at the same time the neighbors were also happy. The incident at Satkhira was as same nature like Magura. All these were reported in the national media.
These few incidents have become one of the turning points in our legal history. And it has added a new dimension. Often we hear many stories of courts and environments at the court premises. Some of those are positives and some are not. The common people are not interested generally to go to court. Their perception is that is the place of harassment and embarrassments. But there are some people in our society who are always litigious in nature. They insist people to go to go to court over trifling matters. However, those issues might be solved/compromised over a discussion between the both parties.
The current population in Bangladesh is about 170 million and the number of professional legal people from Bar and Bench side has been increased since our independence. With those judgments the society will be benefited very much. Actually sentence is the extreme measure to make the society orderly and peaceful. By those judgments people now aware about different type of sentences which are very much unusual in our country. Off and on we get this sort of verdict's news in different western countries. The purpose of this judgment is to prepare the accused persons as normal human being. It is one kind of probation. For that reason, in their home they have to stay during the time of ongoing sentence. They have to take care of their parents and keep themselves out of the addiction and bad habits. They might not be allowed to go out of their residence during this probation time.
Always we are in a dilemma on various issues and we are passing our time with different problems and inconvenience. In this situation, these judgments mentioned above are the torchlight to see the right path which can make our society more peaceful and convenient to all. And in this way our society will   elevated to the stage of civilized, cultured and knowledge based society. Hope soon those days might be not very far.

(Dr. Rumy is a retired civil servant
and freelancer)

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