Supreme Court Bar Seeks CCTV or Online Monitoring for Bail Applicant Identification

The Bangladesh Supreme Court Bar Association has formally requested the installation of CCTV or online systems to identify bail-seeking petitioners during anticipatory bail hearings. The request was submitted on June 30 to the Registrar General of the Supreme Court and confirmed on July 1 (Tuesday) by Acting Secretary of the Supreme Court Bar Association, Md. Mahfuzur Rahman.

According to the application, each day, a large number of bail-seekers from across the country gather at the Supreme Court to apply for anticipatory bail. This results in overcrowding in front of the Criminal Motion Bench courtroom, with many sitting or lying outside, causing inconvenience to lawyers and obstructing their movement. The application noted that the overwhelming presence of petitioners often makes it difficult for lawyers to proceed with hearings in a proper manner.

The Bar Association pointed out, “The Bangladesh Supreme Court is a restricted area. A significant number of petitioners gathering in the courtroom premises could pose a security risk.” The application further stated, “With the rising number of COVID-19 cases in the country, it is imperative to implement a remote presence system through CCTV or online means outside the court building, such as at the road building or any suitable location, to confirm petitioners' presence during anticipatory bail hearings.”

It also mentioned that such a measure would help maintain order around the courtroom and ensure overall security within the Supreme Court premises. The application cited an earlier initiative where Justices Mustafa Zaman Islam and Nasreen Akter successfully conducted court proceedings in this manner, which received positive recognition.

Earlier, on May 15, the Supreme Court Administration had issued a set of practice directives on recording testimony and conducting hearings via audio-visual or other electronic means. The notice, signed by Registrar General Dr. Md. Aziz Ahmed Bhuiyan and published on the Supreme Court website, stated: “In exercise of the powers under Section 5 of the Court's Use of Information Technology Act, 2020 (Act No. 11 of 2020), the Chief Justice of Bangladesh hereby issues the following ‘Practice Guidelines.’”

According to the notice, “If the court deems it appropriate, either at its own discretion or upon application by any party involved, that a case is sensitive or that the appearance of any party, witness, or accused in person could lead to a special situation, or if any party, witness, or accused is unable to attend court due to distance or any valid reason, the court may conduct any proceedings—except those requiring mandatory physical presence—through audio-video conferencing.”

The practice guidelines further state that “the rules applicable for audio-video conferencing will also apply, with necessary modifications, to the commissioner appointed to record evidence and the investigating judge.”

For preparatory arrangements, the guidelines mention, “There shall be one coordinator at the court end and another at the remote end. The court or an appointed individual shall serve as the coordinator at the court end.”

Moreover, “Upon deciding to conduct proceedings via audio-video conferencing, the court shall schedule the session and notify the relevant parties, including sending scanned copies of essential case documents to the remote coordinator’s official email account.”

The previous practice guidelines issued on August 20, 2023, regarding virtual presence for hearings and testimony have been repealed. The newly issued practice guidelines are now available on the Supreme Court’s website.