Samiul Al Nafi: A criminal case does not end when a person enters a courtroom. For many, that is where a long and uncertain journey begins. Each hearing brings the hope of progress, yet another adjournment may leave the accused, the victim and their families waiting for answers. There is always a story behind each pending case: a career put on hold, a family facing uncertainty, a victim awaiting closure, or an accused whose reputation is tarnished even before guilt has been proven. It is not enough that justice be done; it must be done within a reasonable amount of time. When a criminal trial takes years to complete, its effects go far beyond the courtroom. A delayed verdict is not just a delayed legal process; it is a life postponed.
The right to a speedy trial is guaranteed in the Constitution of Bangladesh. Article 35(3) states that every person accused of a criminal offense shall have the right to a speedy and public trial by an independent and impartial court or tribunal established by law. This provision embodies the essential concept that justice cannot be left uncertain forever. The Code of Criminal Procedure, 1898 also touches on the time needed to complete criminal trials. Section 339C establishes statutory time limits for trials before Magistrates and Sessions Courts, subject to the provisions and exceptions of the law.
However, putting a time limit and making justice within that time are two separate issues. There may be many factors causing delays in the criminal cases including incomplete investigation, adjournments, lack of witnesses, problems with evidence, or other procedural reasons. Sometimes, delays may be unavoidable as the court needs to ensure a fair trial and study the evidence thoroughly. What really matters is to avoid unnecessary delays without compromising justice. Trials should not be hurried just to meet a deadline, but at the same time people should not be compelled to wait endlessly.
A criminal case pending against an individual can influence his/her work, studies, personal relationships, and social reputation. Even prior to reaching a verdict, the accused person may have to suffer financially due to the costs of legal process and court sessions. In addition, being in prison will lead to even more severe consequences, both for an individual himself/herself and for his/her family. Although an accused person is innocent until proven guilty by the law, delays in the judicial process can create an impression of guilt among the society.
Justice delayed also affects the victims. A victim of crime may find himself having to relive his traumatic ordeal at various hearings. Witnesses become hard to trace, recollections become faint, and some evidence may no longer be forthcoming. With hearings going on for a few years, the victims will be disillusioned with the entire process. Justice for victims is not just about punishment. They want justice also in terms of recognition, closure, and that their suffering has been acknowledged. Society is also affected, since public trust in the judiciary does not rest just on the outcome of cases but also on the timeliness of the process itself.
However, eliminating delays does not imply pushing all cases into a speedy conclusion at any cost. Justice for the sake of criminal justice should respect the rights of both the defendant and the victim. Any hurried judgment made on the basis of insufficient evidence or unfair proceedings cannot be called justice. There are several ways in which one could deal with the problem of delays. It is important that the investigations are conducted thoroughly and within the time set forth by the law. Court adjournments should be avoided, and witnesses should attend hearings on time. The use of technology for case scheduling is another measure which could be taken.
It is important to remember that the main purpose of a criminal trial is to define who is responsible according to the law, and not to keep people waiting uncertainty. Everyone involved in the process of criminal justice – from the defendant to the prosecutor and the judge – is entitled to have his or her say and rights respected. Delay is no excuse for injustice, while speed cannot substitute for it.
While a rule that comes after so many years of uncertainty can bring closure to a legal battle, it is not always able to make amends for all that has been lost during that period. True justice is not just about what the court says or does; it is also about how that process is conducted. It needs to be impartial, balanced, and prompt, because behind every pending case, there are lives that cannot afford to wait. Any rule should not take too long for the people to come to lose what can never be recovered back.
