His expertise in criminal laws matters little. What is a must for his appointment as a prosecutor is his loyalty to the party in power.

He knows he will not get a handsome remuneration and will be dismissed after change of the government. And yet, many pro-ruling party lawyers find the job lucrative.      

And that's how the country has its prosecution system highly politicised, as successive governments show little will to strengthen the prosecution system with professional lawyers for the important job.  

In case of a crime, it's the responsibility of the state to punish the offender. That largely depends on the performance of the public prosecutors who represent the state in lower courts.

But because of their poor performance, only 25 to 30 percent cases see conviction, legal experts say. 

The drawbacks in the prosecution system have resurfaced following media reports that a few hundred suspected militants secured bail in the last few years. As a result, the trial process is facing delays on the on hand and those out on bail are getting involved in militant activities again on the other.

Besides the inefficiency of the prosecution, flawed investigation is also to blame for the low rate of conviction.

In 2005, the then law minister said inefficiency of the prosecution led to the quashing of some 70 percent cases.

The situation remains almost the same today. 

Whenever a political party forms the government, all the prosecutors appointed by the previous government are replaced by a new group. 

On July 5 last year, Chief Justice Surendra Kumar Sinha himself decried the existing system of appointing ruling party men as public prosecutors as well as the faulty investigation by police. He also spoke about their poor knowledge on criminal laws. 

“There is shortcoming not only in investigation, but also in prosecution as the public prosecutors do not perform their duties properly,” he said. 

But nothing has changed in the last one year. The government continues to form its prosecution team in every district with partisan people.

There are as many as 4,000 public prosecutors as well as additional and assistant prosecutors and government pleaders, who pursue civil cases across the country, according to law ministry sources.

Their remuneration is also poor which, according lawyers, appears to be an obstacle to recruit skilled professionals.

A prosecutor, additional prosecutor or special prosecutor gets just Tk 500 to represent the government in one case. This is all he gets for a day's work, even if he represents 10 cases that day, said prosecutors in Dhaka metropolitan courts.

“Prosecutors cannot submit bill for more than one case a day. They are not allowed to do private practices either,” said one prosecutor, asking not to be named.

"If the court remains open for 20 days a month, a prosecutor can earn Tk 10,000. How can he run his family with this money?" asked another.

An assistant public prosecutor gets Tk 200 for a case. But he can do private practice.

Because of such poor payments, some prosecutors are forced to earn money in dishonest ways, said a lawyer practising in Dhaka courts.

Legal experts say like any other alleged criminals, a suspected militant is also presumed innocent until found guilty as per the basic principle of the criminal justice system. The onus is on the prosecution to prove his guilt by adducing cogent and reliable evidence.

And the proof must be beyond reasonable doubt. Whenever the courts find any flaw in the evidence of the prosecution, for the sake of a fair trial, they may grant acquittal or bail to the alleged accused, giving them the benefit of doubt, they added.

On Saturday, Attorney General Mahbubey Alam told The Daily Star it was the duty and responsibility of the prosecutors to inform his office when a suspected militant got bail. But the public prosecutors do not do so. If they did, his office could take steps by appealing before the High Court.

Metropolitan Public Prosecutor Abdullah Abu said they performed their duties properly. The allegations that they are negligent, lack skills and have other weaknesses are just not true.

Law Minister Anisul Huq recently said his ministry instructed the public prosecutors to place strong arguments against bail prayers of accused militants.

But there is no move to reform the current prosecution system.

Loyalty to the party in power remains the main criterion for appointment as law officers in the Supreme Court as well.

FAILED ATTEMPTS 

The long-standing demand for reforming the prosecution system with professional lawyers remains unmet, thanks to successive governments' policy of appointing partisan people as prosecutors.

Like CJ Sinha, Moudud Ahmed, when he was law minister of the 2001-2006 BNP-led government, was also critical of the political appointment of prosecutors.

He had even moved to establish an independent and permanent public prosecution service.

At a two-day consultation meeting on the introduction of the proposed government attorney service in May 2005, Moudud said the present system of political appointment of law officers hindered case proceedings.

"As a result, some 70 percent cases get quashed for the lack of accountability, sincerity and skills [of the prosecutors]. In this situation, the government is formulating rules for appointment of accountable and skilled law officers," he said. 

But his move did not succeed.

The caretaker government led by Fakhruddin Ahmed in 2008 had done the groundbreaking work for making a law through the promulgation of an ordinance to set up a permanent attorney department.

The law made through the ordinance had mandated that an individual must have certain qualifications to get appointed as a public prosecutor.

The law ministry had also sent a proposal to the then establishment ministry for creating more than 3,000 posts for the attorney department.

Lawyers had welcomed the caretaker government's move meant to stop politicisation of the public prosecution.

But the Awami League government that took office in January 2009 opted for retaining the system of appointing party men as prosecutors, and has never made any move to reform the public prosecution system.

Contacted yesterday, the law minister said they were planning to gradually set up a permanent prosecution service and also increase remuneration of prosecutors.