Faisal Wahab
In Bangladesh, the concept of justice has increasingly become intertwined with the word “verdict.” For the average citizen, the judicial process is less about fairness and more about outcomes that align with their expectations. This shift in perception reflects a deeper societal and institutional malaise, rooted in decades of inefficiency, corruption, and political manipulation within the justice system.
The implications of this phenomenon are profound, affecting not only the country’s legal framework but also its social cohesion and democratic principles. Understanding why this has happened requires a deep dive into the systemic flaws of the judiciary, the sociopolitical context that sustains these issues, and the broader psychological impact on society.
The roots of the problem lie in the structural inefficiencies of the judiciary. In Bangladesh, justice is often delayed to the point of being denied. A single case can take decades to resolve, as evidenced by the infamous Sogira Morshed murder case, which remained stalled for 28 years. Such delays are not anomalies but rather symptomatic of a system overwhelmed by its own backlog.
According to a 2021 report from the Supreme Court, over 3.7 million cases remain pending across the country. This staggering number underscores the judiciary’s inability to deliver timely resolutions, leading many to lose faith in its capacity to serve justice. Prolonged trials are further compounded by investigative failures and the lack of credible evidence.
Law enforcement agencies, often hamstrung by corruption, inefficiency, and political influence, fail to provide the courts with the necessary tools to adjudicate cases effectively. The Sohel Chowdhury murder trial, which dragged on for 25 years, serves as a stark example of these deficiencies. Despite the high-profile nature of the case, the investigation was marred by procedural flaws and inadequate evidence, resulting in justice being both delayed and diminished.
A Dangerous Trend
These institutional shortcomings have had a corrosive effect on public trust. Over time, many citizens have grown disillusioned with the judiciary, perceiving it as either too slow or too compromised to deliver justice. This erosion of faith has led to an alarming rise in mob justice, a phenomenon that represents a collective repudiation of the legal system. When communities believe that law enforcement and the courts cannot be relied upon, they take matters into their own hands, often with tragic results.
A report published by the human rights organization Ain o Salish Kendra (ASK) states that 128 people were killed in mob violence in the country in 2024. The data for this report, published on December 31, was collected from news reports published in the media. The report also highlights extrajudicial killings, where 21 people were killed in 2024. Of these, 12 were killed during the interim government’s period. Six people died due to physical torture in police custody, and three were shot by police.
The statistics on mob killings in the country are alarming. These incidents have increased since the murder of Taslima Begum Renu in North Badda, Dhaka, in 2019, who was killed on suspicion of being a child trafficker. In 2023, mob killings increased by 41% compared to 2022. From July 2019 to March 2024, 224 people have been killed in mob violence.
Over the last 15 years of Sheikh Hasina’s leadership under the Awami League government, at least 1,926 individuals have been killed extrajudicially. According to data maintained by the Special Branch (SB) of police, from 2015 to 2021 alone, 1,293 individuals were killed in “crossfire” or “gunfights.” This information, which recently came to light through Prothom Alo, underscores the alarming prevalence of extrajudicial killings in Bangladesh. Such acts further erode public trust in the judicial system and highlight the failure of the state to ensure justice through legitimate means.
One of the most notable incidents occurred in 2015 in the Kumargaon area of Sylhet, where a 13-year-old boy named Sheikh Samiul Alam Rajon was brutally beaten to death, and the video of the incident spread on social media. Such incidents, based solely on news reports published in the media, highlight the dangers of public disillusionment with formal mechanisms of justice. The actual numbers could be higher than reported.
The rise of mob justice in Bangladesh is a direct consequence of judicial inefficiency. In 2019, a man in Bogura was beaten to death by a mob over allegations of theft, only for it to later emerge that he was innocent. Such incidents are not isolated; they reflect a dangerous trend where the public, disillusioned with formal mechanisms of justice, resorts to extrajudicial measures. This not only undermines the rule of law but also perpetuates a cycle of violence and instability.
Systemic Challenges
Cultural misconceptions about justice further exacerbate the problem. For many, justice is synonymous with a desired outcome rather than a fair process. This mindset is evident in high-profile cases like the Shahadat Hossain child abuse trial. Despite the court’s ruling that there was insufficient evidence to convict the accused, public sentiment largely viewed the acquittal as a failure of the judiciary. Such perceptions reveal a fundamental disconnect between legal standards of evidence and societal expectations, highlighting the need for greater public education about the judicial process.
Political interference in the judiciary adds another layer of complexity. Bangladesh’s courts have long been criticized for their susceptibility to external pressures, particularly from political actors. The misuse of presidential pardons is a case in point. Over the years, several convicted criminals have been released under questionable circumstances, undermining the judiciary’s authority and reinforcing public cynicism. Such actions not only weaken the rule of law but also send a dangerous message that justice can be subverted by those in power.
Pathways to Reform
Despite these challenges, there are pathways to reform. One of the most pressing needs is to address the issue of prolonged trials. Establishing fast-track courts for specific types of cases, as seen in India, could help reduce the backlog and restore public confidence in the judiciary. These courts, designed to expedite the resolution of serious crimes, have proven effective in delivering timely justice without compromising procedural fairness.
Protecting witnesses is another critical area for improvement. Many cases collapse due to witness intimidation, a pervasive issue in Bangladesh’s judicial landscape. Enacting a robust Witness Protection Act could provide the necessary safeguards to ensure that testimonies are not influenced by external threats. Such measures would not only strengthen individual cases but also bolster the overall credibility of the justice system.
Technological modernization offers yet another avenue for reform. Digitizing court records, enabling e-filing, and adopting other digital tools can streamline judicial processes and reduce opportunities for corruption. India’s Supreme Court, for example, has successfully implemented e-filing systems to enhance transparency and efficiency. Bangladesh would do well to follow suit, embracing technology as a means to modernize its judicial infrastructure.
Reducing political interference in the judiciary is perhaps the most challenging but also the most necessary reform. This requires not only legislative changes to limit executive overreach but also a cultural shift within the judiciary itself to prioritize independence and impartiality. Without addressing this issue, any other reforms will likely prove insufficient in restoring public trust.
Finally, there is a need for a concerted effort to educate the public about the principles and processes of justice. Many of the misconceptions that fuel disillusionment with the judiciary stem from a lack of understanding about how the legal system works. Community outreach programs, public awareness campaigns, and educational initiatives can help bridge this gap, fostering a more informed and engaged citizenry.
In this context, the Judiciary Reform Commission stands as a pivotal initiative aimed at systemic reform. Formed under the interim government led by Dr. Muhammad Yunus after the fall of authoritarian ruler Sheikh Hasina on August 5, the commission seeks to overhaul the judiciary as part of broader state reforms.
The commission has taken significant steps to solicit opinions from judicial officers and stakeholders. It actively seeks feedback from judges on necessary reforms, while its official website hosts a questionnaire tailored for judicial officials to gather insights. Furthermore, individuals with specific proposals or ideas about judicial reform are encouraged to share them.
Moreover, the commission has identified key issues that must be addressed to achieve meaningful reform. These include delays in case resolution, the overwhelming backlog of cases, and the absence of clear policies for appointing judges to higher courts. These systemic flaws have long plagued Bangladesh’s judiciary and must be rectified to restore public trust.
The challenges facing Bangladesh’s judiciary are immense, but they are not insurmountable. By addressing systemic inefficiencies, protecting witnesses, leveraging technology, and reducing political interference, the country can begin to rebuild public trust in its legal institutions. At the same time, fostering a cultural shift that values the principles of justice over the immediacy of desired outcomes is essential for long-term reform.
In the end, justice must be seen as more than just a verdict. It is a process, a principle, and a promise to uphold fairness and equality under the law. Restoring this understanding is not only a legal imperative but also a moral one, essential for the future of Bangladesh’s democracy and its social fabric.
Faisal Wahab is a socio-political analyst and financial expert, with a keen interest in exploring societal and political dynamics and their effects on communities.