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Digital Case Management System

Md. Azizur Rahman

Senior Judicial Magistrate,

Ajmiriganj Chowki, Habiganj

Introduction: The constitution of the People’s Republic of Bangladesh provides in its preamble that “… it shall be a fundamental aim of the State to realize through the democratic process a socialist society, free from exploitation a society in which the rule of law, fundamental human rights and freedom, equality and justice, political, economic and social, will be secured for all citizens.” The judiciary of our country is mainly invested with the jurisdiction to establish justice for all citizens. Here I being one of the members of Bangladesh Judiciary and working in the sub-ordinate Courts of Bangladesh would like narrate here as

to Digital Case Management System.

What is Digital Case Management System?

Digital Case Management System means and includes a system where the proceedings (from initiation to final disposal) of a case can be digitally managed with the help of modern scientific technology

Technical support: Every member of Bangladesh Judiciary has in fact the access to use a mobile phone and at least a smart or android mobile set and a laptop or desktop computer along with internet facility are enough to start and get the benefit of this system. For example, it can be said that most of the judges of our sub-ordinate judiciary are using this facility at this moment in the face book maintaining a group titled as ‘judicature’. Primarily an e-mail account is enough for sending and receiving the documents and information and the court is not prohibited in law for the same rather permitted under rule 63 of CrRO-2009, Rule 9(3) of Order V of CPC and the instructions Nos. 134 and 144 of Secretariat Instructions 2014.

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What I have done?

I have joined in the Ajmiriganj Chowki of Habiganj District as Senior Judicial Magistrate on 16th March 2014 and after joining here I took the statistics of all the cases pending for ready for trial and trial. I classified cases and identified class to class steps and according to that I passed the order and got a tremendous success. I use my personal website www.bdlaws24.com for keeping the statistics of all the cases for which I can follow the developments. However, what I did in respect of administration of cases and trial is stated here for discussion and application if the same is deemed effective. An e-mail named ajmiriganj_chowki@yahoo.com is also opened for making the digital communication i.e. for sending the copy of the order and getting any report instantly. Any persons including the parties to the cases can see the cases and the dates and positions of the cases. Even the Honorable Chief Justice of Bangladesh or any concerned authorities including the Chief Judicial Magistrate or District Judge can see up to date statements or information about the cases.

Cost or expense:

The cost for doing this kind of Digital Case Management System is very low or negligible. For this a space of 5 GB domain registration fees in the name of the concerned court is not exceeding five thousand taka and if it is provided from Government in that case the costing will be more less as I am to pay not more than four thousand taka personally for my personal website www.bdlaws24.com where I have displayed (for test only) the list of pending cases and information of Ajmiriganj Chowki of Senior Judicial Magistrate, Habiganj.

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Police file/GR Cases Management System

Initiation procedure:

From Police station a GR case is initiated.

Initiated either from the informant or through Court order

Judicial

Magistrate

Traditional order: Seen and Next date… is fixed for police report after sending the arrestee (if any) in jail hajat or police custody. Next date… is fixed for police report.

Special Order: Seen the aforementioned note and after perusal of the record, it appears to this court that the First Information (FI) and the First Information Report (FIR) contain the allegation of sections 326/307 of the Penal Code along with some other sections of the same Code which definitely requires the injury certificate to consider the hurt and hence under the authority of regulation 21(a) of PR-1943, the investigating officer of this case is directed to submit the injury certificate of the victim/(s) of this case within … and failing which he (IO) will have to submit the photocopy of the documents of the steps taken by him along with the proper intelligence of the victim’s or victims’ admission and treatment within the same date. Let a copy of this order be communicated to him immediately. N.B. Doctor or OC concerned can send the scanned copy of the injury certificate and CD within a minute without sending any person or constable through e-mail like

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Next date… is fixed for police report.

ajmiriganj_chowki@yahoo.com Next order : Seen the aforementioned office note and for … reasons under section 167 of CrPC and regulation 21 of PR-1943 and the law reported in 45 DLR (AD) 101 the case diary (CD) is called for to ‘watch’ the investigation within 7 (seven) days and IO is directed to comply with regulation 261(c) of PR-1943, in order to submit the police report. N.B. Except the most difficult cases, the police report of general cases (approximately up to 90%) can be achieved within this time of not exceeding 15 – 30 days only and I have got the police reports (charge sheets or FRT) in many cases e.g. GR Case No. 98 of 2011 (Gobindaganj) under Gaibandha District.

N.B. No benefit like special order will be achieved.

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Police Report under section 173 of CrPC of 1898

Duties of Judicial Magistrate: Duties of Judicial Magistrate:

(i) to take cognizance of the offence (i) to ensure the fact whether the under section 190 of CrPC when informant has been informed about there will be no naraji petition. the FRT under section 173 (1)(b) of or CrPC and regulation 278 of PR-1943.

(ii) to dispose of the naraji if any and and take cognizance of the offence (ii) to issue a summons u/s 540 of CrPC under section 190 of CrPC. in order to ensure the same. (iii) to accept the police findings of FRT Under regulation 278 of PR-1943.

Charge Sheet

Final Report

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Issue of summons or arrest warrant (AW) if necessary.

Police File

Police File

Cognizance is taken under section 190 of CrPC

Execution Report (ER) or Non Execution Report (NER)

To issue P & A if NER is submitted under regulation 323 of PR-1943

Publication of direction for the appearance of the accused u/s 339B (1) of CrPC

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Model Order u/s 339B (1) of CrPC:

Seen the aforementioned office note after perusal of this record particularly the report dated … submitted by … , this Court has the reasons to believe that the accused either have/has absconded or concealing himself/themselves so that he/they cannot be arrested and produced for trial and there is no immediate prospect of arresting him/them and ergo cognizance of the offence complained against the him/them is taken and accordingly publish a direction in two National daily Bengali newspapers having wide circulation so that he/they may appear before this Court within 30 days from the date of publication and if such person/persons fails to comply with such direction, he/they shall be tried in his/their absence. Next date … is fixed for report as to publication.

Cases tri-able by the Judicial Magistrate shall be taken in the trial file

To issue of summons upon PWs 1-3/4 (according to the number of cases)

After recording their evidence, issue summonses for other PWs and before issuing summonses for other PWs including IO and MO, the court will have to get the present address either from OC concerned or from them through making the communication by the bench assistant over mobile phones which are to be written in the charge sheets by IO for him and doctor. N.B. If IO is in outer district, send two sets of summons to him and his Superintendant of police and the same is to be given to the doctor concerned and his civil surgeon generally.

Cases not tri-able by the Judicial Magistrate shall be sent for trial either u/s 205C or 205CC of CrPC to learned Sessions Judge or Chief Judicial Magistrate respectively.

Evidence Close Examination u/s 342 of CrPC Arguments if any Judgment Announcement

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Duties of Judicial Magistrate: To direct OC concerned to treat the complaint in writing as first information (FI) s/s 156(3) of CrPC. Model Order : Seen the aforementioned note and the Officer in charg of ajmiriganj police station, Habiganj is directed to treat this complaint as first information directly. After lodging in B.P. Form No. 27 in connection with Regulation 243 and 244 of Police Regulations-1943, send the said first information and the first information report to the concerned learned court on the next working day in getting this order. Maintaining all procedural formalities any special messenger is permitted to communicate this to the concerned officer-in-charge. Next date… is under

Duties of Judicial Magistrate:

(i) To record the substance of the said examination duly.

(ii) To take the cognizance of the offence u/s 190 of CrPC.

Or

(iii) To make an inquiry by himself

Or

(iv) To make investigation by any sub-ordinate Judicial Magistrate or police officer or such other

Complaint Register Case

Filing under rules 86-88 of CrRO-2009

Examination u/s 200 of CrPC

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regulation 245 of police regulations 1943 fixed for police report.

persons as the court thinks fit.

Cases tri-able by the Judicial Magistrate shall be taken in the trial file

To issue of summons upon PWs 1-3/4 (according to the number of cases) under section 244(2) of CrPC.

After recording their evidence, issue summonses for other PWs and before issuing summonses for other PWs including Informant and MO, the court will have to get the present address including the mobile number from complainant for making the communication by the bench assistant over mobile phones which are to be written in the complaint by complainant for him and doctor’s mobile number either from OC or from the civil surgeon. N.B.

As the Bangladesh Gazette dated Thursday March 13 2008 permits to write down the mobile phone number or email or fax number of the informant.

Cases not tri-able by the Judicial Magistrate shall be sent for trial either u/s 205C or 205CC of CrPC to learned Sessions Judge or Chief Judicial Magistrate respectively.

Evidence Close Examination u/s 342 of CrPC Arguments if any Judgment Announcement Contact: Md. Azizur Rahman Senior Judicial Magistrate Ajmiriganj, Habiganj, Bangladesh Tel :88 08322 56144 (office) 88 08322 56146 (home) Cell :88 01716 832 308 Email : ajmiriganj_chowki@yahoo.com azizurrahmandulu@gmail.com Website : www.bdlaws24.com Facebook: azizurrahmandulu@gmail.com