In Bangladesh, three state organs such as the Legislative, the Executive and the judiciary play the most significant roles in ensuring justice. Among them, the police investigate and record crimes. Then, public prosecutors present the case before the court and advance legal arguments. Finally, judges review the evidence and arguments presented by both sides. The judge determines whether the accused should be convicted or acquitted based on the strength of the evidence.

The role of public prosecutors is important in ensuring justice. In Bangladesh, public prosecutors play a crucial role in the legal system by ensuring the examination of all prosecution witnesses in court and the presentation of relevant evidence. They are responsible for informing the court of any absences and maintaining professional conduct. The Code of Criminal Procedure, 1898 talks about the public prosecutor. Section 492 of the stated act gives power to the government to appoint a public prosecutor and section 495 gives permission to the public prosecutors to conduct prosecution. Moreover, they might face disciplinary action or withdrawal from the prosecution if any allegation of misconduct is proved against them.

The Bangladesh Judicial Service Commission recruits judges, and the Bangladesh Civil Service commission recruits police officers; however, no similar system exists for public prosecutors. Critics argue that public prosecutors are often appointed based on political affiliation or connections with the ruling party. This malpractice is enabled by Section 492 of the Code of Criminal Procedure, 1898, which permits the government to appoint public prosecutors. The Solicitor Wing of the Law and Justice Division, under the Law Ministry, appoints public prosecutors. This arrangement may create perceptions of political influence and undermine confidence in prosecutorial independence. Sometimes they do not appear at court hearings or produce witnesses to support their cases. In fact, in many verdicts, the courts have criticized the inefficiency and misconduct of public prosecutors.

The absence of an effective accountability mechanism can make it difficult to address professional misconduct when it occurs. Taking advantage of this unexplainable situation public prosecutors neglect their duties. The Ministry of Law appoints public prosecutors upon the formation of a new government, so, they are not permanent government employees.

Unlike permanent government employees, public prosecutors don’t receive the typical benefits such as a stable pay scale, housing, vehicles, or allowances. Their daily pay is very low. According to the Justice Audit in 2018, public prosecutors and additional public prosecutors in metro areas receive a daily fee of Tk 500 and a monthly allowance of Tk 2,000. In non-metro areas, their daily fee is Tk 250, while the monthly allowance is Tk 1,500. In both areas, assistant public prosecutors receive a daily fee of Tk 200, but there is no monthly allowance. Additionally, their earnings are subject to a 15% VAT deduction. Given such meagre pay, they seek additional income through other means, which leads them to corruption. The current compensation structure may make it difficult to attract and retain experienced and highly qualified prosecutors. Because it is not expected that a seasoned lawyer will take up this job for this low amount of money.

These are the core reasons why the experts have long called for an independent prosecutorial service in Bangladesh. In 2008, the last caretaker government issued the Government Attorney Services Ordinance to establish a Government Attorney Services Department. The purpose of this department was to permanently appoint, train, retain and administer government law officers to ensure effective state representation in the judicial process in the Supreme Court, district courts and upazila courts with accountability. In many countries, aspiring prosecutors must pass competitive examinations and undergo specialized professional training before appointment. This happens only because those countries have a strong independent public prosecution service. As there is no independent public prosecution service in Bangladesh, so there is no proper recruitment mechanism to select the proper person as a public prosecutor. By taking advantage of this loophole, inexperienced and inefficient lawyers secure the job using their political misuse.

An ordinance is basically a law that is made in the absence of a parliament. According to Article 93 of the Constitution of Peoples’ Republic of Bangladesh (The Constitution), an ordinance must be approved by a parliament in its first session. Since the Government Attorney Services Ordinance did not receive parliamentary approval, it was a complete failure. The current interim government can follow the United Nations Guidelines on the Role of Prosecutors adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders in 1990 to reform the aforesaid service by ensuring an independent and strong public prosecution service. Under Article 2 of the guidelines, member states must ensure that the “selection criteria for prosecutors embody safeguards against appointments based on partiality or prejudice,” and excludes any discrimination against a person on any grounds, such as political status. Article 4 of the guidelines requires the states to ensure that prosecutors are able to perform their professional functions without improper interference.

Bangladesh has witnessed significant struggles in its pursuit of justice, democracy, and the rule of law. Our brothers faced bullets and sacrificed themselves to ensure justice. It is our sacred duty to ensure justice for them and ensure that justice is properly served in all the spheres of our society. Now, more than ever, it is essential to take concrete steps towards building a system where public prosecutors are held accountable for their duties, ensuring the justice system works for all citizens. An independent prosecutorial service is not just a necessary reform, it is a step toward a more just and equitable society. The time has come to establish an independent public prosecution service that can strengthen fair trials, accountability, and public confidence in the justice system.

Writers

Md. Zoha, Student of Law, University of Chittagong

Miraz Hossain Chowdhury, Student of Law, University of Chittagong