Comitted to PEOPLE'S RIGHT TO KNOW
Vol. 4 Num 157 Sat. November 01, 2003  
   
Front Page


Bar leaders for repeal of amendment to CPC


Most representatives from district Bar associations at a discussion meeting yesterday said the second amendment to the Code of Civil Procedure (CPC) would entail extra financial burden for poor litigants, turning them away from seeking justice at courts.

They asked for cancellation of the second amendment to the CPC except section 115, saying that otherwise it would thwart the government's aim to ease case-logging and hold quick, inexpensive trials.

Enacted on July 19 and supposed to come into effect on October 1, the law was blocked by presidential order on September 30 following objection by the legal profession.

Ministry of Law, Justice and Parliamentary Affairs organised the meeting on 'The Code of Civil Procedure (Second Amendment) (Amendment) Ordinance, 2003' at CIRDAP auditorium participated by leaders of different district bar associations.

Law Minister Barrister Moudud Ahmed presided while Justice Mohammad Anwarul Huq, Khondoker Mahbub Uddin Ahmad MP, Attorney General AFM Hasan Ariff and former Chief Justice Mostafa Kamal were special guests.

Bar association leaders pointed out that the increased compensatory cost with respect to false or vexatious claims or defence, cost associated with delay in preparing applications by interlocutors and increase in some other costs would adversely affect the poor.

They said the imposition of compulsory security money of Tk 5000 for ad interim or temporary injunction would serve to discourage the poor from seeking justice at the court of law.

Many of the representatives noted that the new law would turn the court into a moneymaking machine by exacting charges at different levels of trial, which would also restrict the judge's power.

Some lawyers proposed that the provision for compensatory costs should remain but the money should go to the account of the affected litigant instead of the government exchequer.

A group of lawyers spoke in favour of the amendment.

The law minister said there is no alternative to amending the CPC to ensure justice and restore people's confidence in the judiciary, but added lawyers' opinion would be taken into cognizance.