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Move to scrap SPA on similar law mulled

Govt discusses ways to eliminate judicial logjam

ZAYADUL AHSAN
The government has decided to enact a law similar to the Special Powers Act (SPA), process to scrap which has already been initiated.
Sources said the Law Commission will submit its recommendations on the enactment of the new law to the government by May 15.
Meanwhile, the government has decided to set a time limit for trial and disposal of civil and criminal cases to ease the backlog. It will soon send a specific reference to the Law Commission for its recommendations in this regard.
The Law Commission has been asked to put a clause in the new law so that the government can detain anyone without trial. The SPA drew flak for having such a clause.
The new law will also have clauses similar to those of the SPA on sabotage, smuggling, black marketing, and issues related to economic offence.
"We have nearly finalised a report on the SPA and Section 54 of the CrPC (Code of Criminal Procedure)," Naimuddin Ahmed, a member of the Law Commission, told The Daily Star yesterday. "We are going to hold a seminar tomorrow and hope to submit the report by May 15."
The SPA was branded a 'black law' by human rights organisations and political parties alike since it empowered the government to detain a person without putting him in the dock. Suggestions were there that this particular clause be taken out since governments invariably turn to this clause to throttle the
opposition.
Meanwhile, the government is seeking reforms to the legal process to quicken disposal of cases. In addition to fixing a time limit for disposal of a case, it would lift one legal step for final disposal of a case either at the level of appeal or revision or other tiers' sources said.
In places where there is a five-step disposal system, this would be four and in places where there is a four-tier system it would be three. Strict rules might be put in place to check the tendency to take long time for hearing a case.
The Ministry of Law and the Law Commission met yesterday to discuss ways for faster disposal of cases. The meeting viewed that amendment to the CrPC, Civil Procedure Code (CPC) and other relevant laws were required to achieve that goal.
More than 10 lakh cases are now pending with the lower courts across the country.
Law Commission member Naimuddin Ahmed said, "We had an informal meeting where we discussed why trials are often delayed. We have said we need specific references from the government to find out ways."
He added that the commission, which recommends structures of any new law, has not yet scrutinised the CrPC or the CPC to this end. "If the government asks us, we will do it. But it will take some time," Ahmed observed.
Law ministry sources, on the other hand, said the ministry would soon send to the commission a specific proposal in this regard. Once the commission scrutinises its aspects and submits its recommendation, the government would frame an amendment bill and seek the cabinet's approval for placing it in the Jatiya Sangsad.
Sources said the meeting also discussed sending some cases straight to the High Court and dis-
posing of some others at the district or sessions courts, which means the district or sessions courts will act as appeal courts.
And, to relieve the lower courts of burden of cases all civil cases involving valuation to the tune of Tk 1 lakh to Tk 10 lakh or above would go directly to the High Court, Law Commission Chairman ATM Afzal suggested at yesterday's meeting.
The government may also consider strict rules for appeal against interim order, and for imposition of stay order of the higher court in the context of revision or quash petitions.
The Law Commission also suggested introduction of the arbitration mediation system at the courts, now practised by the Family Court. The meeting also discussed whether such provision could me made available to Money Loan Court.
The meeting held at the Old High Court Building was also attended commission members Naimuddin Ahmed and AKM Sadeque and secretaries to the law ministry and Law Commission.