Digital Dialogue 6 on ‘Advocacy in Virtual Courts, How Effective for the Litigants’
“Yes we do have challenges and Industries at large are facing difficulties in mitigating factors from the judiciary, but we can only do much as are depending on the courts and Hon’ble judges to mitigate and control the backlog of pending cases”
The Lawyers and Jurists Foundation has given a new facet to the digital world. This platform has given opportunities to know the legal fraternity in depth and also the interconnected various zones.
The Digital Dialogue 6 was co-organized by the Lawyers and Jurists Foundation with 'The Business Standard' and covered by – Laws and Our Rights, Daily Star on Friday.
The significance of the topic was in depth about the 'Advocacy in Virtual Courts, How Effective for the Litigants'.
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The uplifted topic was very rife but rarely discussed during this pandemic, of the Virtual Courts and its relatable process whether being beneficial to the litigants at large or in more challenging ambiences.
In regard to this parley, Tarique Afzal, president and managing director, AB Bank, Limited, he shared how the justice delivery system gratifies to meet with their expectations, banks as litigant parties and how the Virtual Court hearings are helping them during this pandemic being effected.
He also pointed the technical issues covering confidentiality, time consuming, his suggestions on open courts over virtual courts and the challenges banks as litigants overcoming in stressful environment, initiatives can be taken to resolve such challenges making it convenient to deal regular in banking service sector.
"Yes we do have challenges and Industries at large are facing difficulties in mitigating factors from the judiciary, but we can only do much as are depending on the courts and Hon'ble judges to mitigate and control the backlog of pending cases," added Afzal.
Pursuing and holding onto Tarique Afzal's views, Ajmalul Hossain QC, FCIArb, senior advocate, Supreme Court of Bangladesh, detailed how advocates provide better services to litigants using virtual hearings and how to manage and respond to a resolute huge backlog of pending matters, just to ease the pressure of Virtual Court Hearings.
Further, he added in his statements the initiatives or measures can be taken to avoid cybersecurity threats relating to practice in virtual court hearings preserving confidentialities in all aspects.
In the context of India confronting criticisms regarding the ongoing virtual court practice, Ajmalul Hossain QC stated- "The criticisms brought by the lawyers of India is obviously taking a traditional view and by means, everyone must have his day in court, so when you mean his day means it has to be an actual courtroom, actual judges and all lawyers and witnesses present there, but that is the old normal".
The advantages of having virtual hearings are that the lawyers can be anywhere to attend virtual hearings.
He was on the views of Virtual Court Hearings as stating that when one gets used to the new normal from the old normal version, the legal practitioners will get used to Virtual Court Hearings and gradually it will ease the challenges consuming time and eliminating distant factor.
Lastly, covering the discussions made by the cited above panellists, Justice Muhammad Khurshid Alam Sarker, Judge of Hon'ble High Court Division, Supreme Court of Bangladesh counterbalanced the statements one of the other respective panellists on the grounds that he agreed to Tarique Afzal about the demands meeting gratifications of the banks as litigants.
On the other note, he also had forthright opinions about practising advocates in Virtual courts systems that it's impacting in various ways in favour of the public litigants at large also for themselves too.
Justice Muhammad Khurshid Alam Sarkar also emphasized stating that how E-Judiciary is transforming the justice system, enhancing transparency and effectiveness and access to it for the purpose of litigants.
Considering the national concern and litigant's confidential matters, how the information and documentation process of Virtual Court Hearings can be kept in a safe manner and secured too.
He summed up the dialogue by his views whether Virtual Courts can ever replace open court hearings and his notion was the virtual courts can be replaced only if the more judges are trained and within a passage of time, it is possible.
The Digital Dialogue 6 was given an introductory remark by the Founder of The Lawyers and Jurists Foundation - Barrister AM Masum, FCIArb, Advocate, Appellate Division, Supreme Court of Bangladesh.
He stated access to justice is a global problem for litigants. According to OECD Figures-only, 46 percent of litigants or human being of our planet live under the protection of the law and have access to the courts.
"What litigant's desire in terms of access to justice is convenient, less costly, faster and more understandable," he added.
In an era when a very dominant question is that can a computer replace a judge or a computer system deliver decisions with reasons that's what judges do.
Furthermore, the concept of judges without courtrooms & Judges without lawyers seems very heavy and intelligence idea but it's not far away to become reality.
He ended the remark with the good news that out of 170 million people, 100 million numbers are of active internet connection according to BTRC.
The Digital Dialogue 6 was anchored by Khandaker Asma Hamid Tashfia, Advocate, Supreme Court of Bangladesh and was coordinated by Nazmus Sakib, an associate of the Lawyers and Jurists.
