কোটা ইস্যুতে রোববার সুপ্রিম কোর্টে শুনানি, আশা করি সমাধান আসবে কারফিউয়ের সময়সীমা আরো বাড়ল কারফিউ প্রত্যাহার দাবি বিএনপির, আমির খসরু আটক কোটা আন্দোলনে কারফিউয়ের দিনেও ঢাকাতে ১০ জনের মৃত্যু বাংলাদেশের ছাত্রদের প্রতি সংহতি পশ্চিমবঙ্গে কোটা নিয়ে আপিল শুনানি রোববার চট্টগ্রাম ও রাজশাহী শহরের পরিস্থিতি নরসিংদীর কারাগারে হামলার পর পালিয়েছে আট শতাধিক আসামী শনিবার ঢাকায় কারফিউ-র যে চিত্র দেখা যাচ্ছে প্রধানমন্ত্রীর দুই বিদেশ সফর বাতিল বিএনপি নেতা নজরুল ইসলাম খান আটক সরকারের কাছে 'আট দফা দাবি' কোটা সংস্কার আন্দোলনকারীদের: ‘শাটডাউন’ কর্মসূচি চলবে নুরুল হক নুরকে আটক করা হয়েছে নাহিদ ইসলাম এখন কোথায়? হাইকোর্টের রায় বাতিল চাইবে রাষ্ট্রপক্ষ: অ্যাটর্নি জেনারেল শনিবার সহিংসতায় মৃত্যু হয়েছে আরো অন্তত সাত জনের কখন ফিরবে ইন্টারনেট সংযোগ - কেউ জানে না রোববার ও সোমবার সাধারণ ছুটি ঘোষণা কারফিউ দিনে ঢাকায় যে চিত্র দেখা গেছে সাতক্ষীরায় ছাত্রদল নেতার ইন্ধনে থানা ঘেরাওয়ের চেষ্টা!

Critical Analysis of the Legal System of Bangladesh from Hindu to British Period

Nishat Tasnim ( Contributor )

প্রকাশের সময়: 08-07-2024 10:22:52 pm

The Legal System of Bangladesh has many stages. As it was ruled by many foreign rulers from different countries and their cultures were also different from each other which effected the legal system deeply. Besides, religious believe has a importance in legal system and administration of our country.

Hindu Period

The court structure of ancient Hindu period

1-The Court of the King: The King’s court was the apex of all courts. [1] Though the king was the one to bring justice, he was helped by others.[2]

2-The Court of Chief Justice’s  In chief justice’s court there is a board of judges  to help the chief justice but there was a condition that they must belong from the three upper  castes  specially  Brahmins.[3]

3-  Special Tribunal : Often tribunal with fix jurisdiction by the members of the chief justice’s  board was formed.

4- Town or District Court: In town and district there were courts under the king’s authority run by the government officials.

5- Council of  Village:    For maintaining the administration in village , village council was formed.[4]

These are the major courts during ancient Hindu period.

 

Judicial Procedure

 

Stages of Suit  : There were four stages in a suit or trial. They are as follows   : 

§  The Plaint

§  The reply

§  The trial and investigation

§  The verdict or decision of the court

Bench of more than one Judges : In order to administrate justice there were bench of two or more judges.

Appointment of Judges and their Qualifications : Following qualities were mandatory to become judge:[5]

Ø  Belong to upper castes specially Brahmins

Ø  Highly educated in law

Ø  Cannot be a woman

Ø  Cannot be a Sudra

Ø  Impartial in nature during giving judgment

Theory of Case law: The lower courts were bound to follow the judgments of King’s court and higher court while giving judgment.

Evidence : Both the parties could provide evidence in three ways to prove themselves.[6]

v  Documents

v  Witnesses

v  Possession of incriminating objects

There was another source of evidence in criminal cases which is called circumstantial evidence.[7]

 Trial by Ordeal :  Ordeal is a type of custom which helped to find out the truth. [8] It was applied when there was no evidence available to both parties.[9] Trial by ordeal is of various kinds such as ordeal by

·         Fire: The accused had to sit, stand or walk through the fire, if the accused was not hurt then he was considered to be innocent otherwise guilty.

·         Water: The accused was asked to stand in deep water ,he had to sit  in the water too for a limited time if he remained safe  he was declared innocent.

·         Poison: If the accused survived after having poison without vomiting, he was proved to be innocent.

·         Rice-grains: If the accused spit out blood after chewing unhusked rice then he was held to be guilty.[10]

·         Lot : If the accused choose Dharma he was took to be innocent but if he choose the other jar he was to be punished as guilty.[11]

Crimes and Punishment

There were four ways of giving punishment-[12]

Ø  By  polite admonition

Ø  By sever reproof

Ø  By fine

·         By capital punishment.

The crimes for which capital punishments were given are follows:[13]

·         For  conspiracy against the king

·         For helping the King’s enemy

·         For entering into the  King’s harem forcibly

·         For creating insurgency in the army

·         For killing one’s parents

·         For committing serious arson

The ways of giving capital punishment are given below-[14]

·         Roasting live

·         Cutting into pieces

·         Impalement

·         Routing by elephant

Consideration in punishments

Punishments were reduced considering following things-[1]

·         Age: Elderly people up eighty and boys under sixteen were given half of the original punishment. A child under five was not punished for any crime.

·         Condition of Health: Ill women and persons were to give half of the sanction.

·         Caste : Punishment also reduced and increased according to the caste for instance, if  a killer kill a Kshatriya he had to pay 1000 cows but the number of cows decreased for killing the people of lower caste Punishment of  some crimes depended on the caste of the offender and the victim such as-

·         Murder

·         Adultery

·         Abuse or contempt

·         Rape

Some people were also   freed from punishment as they belonged to particular classes.[2]

 

Defects of Hindu Judicial System

Hindu judicial system was defected for many reasons. The reasons are as follows:

Discrimination: There were discrimination in almost all the sectors of judicial system of ancient Hindu period such as-

§  Appointment of judges

§  Giving punishment

§  Deciding compensation

Failure to bring justice to women and Sudra: As women could not take part in judicial system, they could not share their problem freely. Same with the  people of Sudra caste.

Superstation: Trial by ordeal bring the prove of existence of superstation in judicial system.

Inequality in the eyes of law: Law was not equal for all. For instance, there was no punishment for a Brahmins if he disrespect the people of lower class but if people of lower caste disrespect the people of upper class he had to undergo punishment. Furthermore, there was different punishment for same crime For instance when a Brahmin was killed by a person of lower caste the murderer had to embrace death whereas if a Brahmin did the same with the lower class people he  could easily escape death by giving fine.[3]

 

Muslim Period

The Muslim period was divided into two  parts-

1.      The Sultanate

2.      The Mughal

Legal System During  Sultanate

The Major Courts

TheCourt of the King: The Sultan was the head of this court and he was assisted by two muftis. Of all courts it was the supreme with both appellate jurisdiction.[4]

Diwan-e-Mazalim: It was the apex court of criminal appeal.[5]

Diwan-e-Risalat: It was the highest court of civil appeal.[6]

Diwan-e-Siyat: The cases of rebels and high treason were decided in this courts.[7]

Important Positions Related with Major Courts

Chief Justice: He was also known as Qazi-ul-Quzat who was the actual head of judiciary having the jurisdiction of trying all type of cases.[8]

Sadre Jahan: He was the temporary head of the judiciary and superior to Qazi-ul-Quzat

Mufti: He worked as legal expert being selected by Chief Justice and appointed by the Sultan.

Pandit:  He worked as a legal expert for the cases of nonMuslim.[9]

Mohtasib: He worked as prosecution for violating cannon law.[10]

Dadbak:: His work was to make sure the presence of the people summoned by the court.[11]

 

Subordinate Courts and Positions

There were courts in Province,Districts, Parganah and village level to administer proper justice.

Provincial Courts

Adalat Nazim Subah: Nazim represented the Suitan in Province and during applying appellate jurisdiction Qazi-e-Subah constituting a Bench sat with him. From his judgment an appeal lay before the Central Court.[12]

 Adalat Qazi-e-Subah: The head of the court was selected by the Qazi-ul-Quzat and appointed by the Sultan.The court had supervisory power over the district Qazis.[13]

Diwan e Subha: The court had all types of jurisdiction in all revenue matters.[14]

Sadre-e-Subha: The court dealt with religious matters such as grant of stipend ,lands etc.[15]

District Courts

The Court of District Qazi: The presiding Qazi was appointed by Sadre Jahan on   recommendation of the Qazi-e-Subah. This court also heard appeals from the judgment of the Parganah Qazis, Kotwals  and village panchayats .[16]

The Court of Faujder: This court try small criminal cases being concerned of security and suspected criminals.[17]

Mir Adils Court: Land revenue matters were dealt by this court.[18]

Kotwals Court: This court was constituted to try police and municipality cases.[19]

Courts of Parganah: The Qazi of this court had all type of jurisdiction like a District Qazi except hearing appeal.[20]

Courts of Village: With a view to looking after the executive and judicial functions a panchayat was formed which tried small civil and criminal cases of its locality.[21]

 

 

 

 

Legal System at the Time of Mughal

Major Courts

The Court of the Emperor: The emperor presided over the court and there were following members to help him.[22]

·         Daroga-e-Adalat

·         Mufti

·         Mir Adil

The Chief Justice’s Court: The court was run by the Chief Justice . He was helped by two junior Quazis. It had also jurisdiction as to supervise the provincial courts and also could hear appeal from it.[23]

Chief Court for Revenue: People appeal for deciding revenue cases as it was the highest‘decide this matter.[24]

Qazi-e-Aksar: This court was constituted to decide military matters.[25]

Qazi of Delhi: He was the temporary head at the absence of the Chief Justice.[26]

Subordinate Courts and Positions

Amalguzari Kachari: The Amalguzari of this court decided revenue cases appeal from this court were submitted to Court of Diwan.[27]

Amin-e-Parganah: Amin looked after all types of revenue cases and appeal from this court reach to District Amalguzar.[28]

Mahakuma-e-Adalat: It was a separate department of justice to ensure proper administration everywhere.[29]

Comparison between the Sultanate and Mughal Administration

v  Both had faith in sovereignty of Allah.[30]

v  The head of the administrations were regarded as trustee and servant.[31]

v  The base of both administrations was Quran.[32]

v  The head of the administration was known as Sultan during Sultanat,[33] whereas he was called Emperor by the Mughal.[34]

v  Sultan was helped by two Muftis,[35] while Emperor was helped by Daroga-e-Adalat, Mufti and Mir Adil.[36]

v  The temporary or defacto head was known as Sadre Jahan,[37] whereas court of Qazi of Delhi worked at the absence of Qazi-ul-Quzat.[38]

v  The theory of Mahakuma-e-Adalat and Qazi-e-Askar were not available during Sultanat but they existed during Mughal. 

Crimes and Punishments

Fixed Penalties or Hadid: This punishment was given for following crimes which cannot be reduced or changed and it was prescribed by the religious law.[39]

·         Thief

·         Robbery

·         Apostasy or ijtidad

·         Drunkennness

·         Whoredom or zinah

Discretionary Punishment or Tazir: It was applied for the crimes against God which implied prohibition.[40] Offence for which tazir was given were as follows-

Ø  Gambling

Ø  Causing injury

Ø  Minor theft

Judges got the freedom to  invent new methods of giving punishments to the criminal as they had the right to choose the way of punishment such as-[41]

§  cutting out the tongue

·         impalement

Retaliation or Qisas: This punishment was given for crime against human body.[42] This punishment was given for

§  intentional killing

§  grave wounding or

§  maiming

Its principles were

§  life for life

§  limb for limb

Blood money or Diya: When the relatives of the victim were  compensate satisfactorily with blood money, it became diya. It was a type of Qisas.[43]

Defects of Muslim Law

Criminal law: The law was not certain and not informed rather it was conflicting in Hidaya and Fatwa-e-Alamgiri which created difficulties for Qazis.[44] There was no separation between public law and private law.[45] Moreover, crimes against men were not regarded as crimes against society.[46]

Defects in punishments: Due to the punishment of Diya many murderer remained unpunished.[47] A minor did not get justice until he attain the legal age .[48]The law of tazir led to corruption and injustice as it gave too much power to the judges. Some inhuman punishments are as follows-[49]

·         To make the culprit unable to adopt any means of livelihood

·         To  cut of hand and foot

·         To stop bleeding boiling butter was used

Discrimination in evidence law: Evidence of two women was equal to one man. Similarly the evidence of two Hindus was given the same importance of one Muslim. Four eyewitness were must to prove the accusation of rape. Circumstantial evidence was not   allowed. The evidence of an infidel was enough to give capital punishment.[50]

Comparison between Hindu and Muslim Judiciary System

v  Both the judiciary system are deeply affected by religious belief, though the base of Hindu judiciary system was not their holy religious book.

v  Hindu judiciary system was superstitious and full of discrimination in giving punishments whereas, Muslim judiciary system was more superstitious and full of discrimination in evidence matter.

v  In Muslim judiciary system there was a pandit to bring justice to the non-Muslims but in Hindu judiciary system there was no judicial officers for the people of other religion.

v  Caste does not matter in Muslim judiciary system but it played a vital role in almost all the sector of Hindu judiciary system.

British Period

This period was divided into five sub-periods[51] which are described below.

Impend Administration of justice till the Charter of 1726

Highlights of the Period

Beginning of the British Administration: By this time the British started to involve themselves with the administration system of India.[52]

Taking over factories and Getting Settled: In order to get settle in India possession of three factories were taken by the East Indian Company.[53] They did so in

·         Calcutta

·         Madras

·         Bombay

Creation of Presidency Towns and Mufassil: Calcutta, Madras and Bombay got the name of Presidency Towns.[54] The areas around those towns were named Mufassil.[55] The Mufassil areas were-[56]

·         Orissa

·         Bihar

·         Bengal

Modification of the Administration System: The administration system of the towns was modified differently.[57] Moreover, Adalat system was improved in Mufassil areas.[58] The establishment of first Mayor’s Court in Madras also happened in this period.[59]

Distribution of Power: The Company took over the power of military and Diwan and the control of criminal and civil justice was given to the natives till eighteen century.[60]

 

 

Highlights of the Age of the Mayor’s Court the Charter of 1726

·         Starting of the intervention through the British Crown in the administration of justice in India.[61]

·         The Charter of 1726 was the first gateway of the introduction of English law in India.[62]

·         It had set a corporation for every presidency towns.[63]

·         It had brought several changes in administration system.[64]

The Major Courts under the Charter of 1726 for Civil Judiciary

The Mayor’s Court: This court run by Mayor and nine aldermen.[65] It was considered as the court of record having the power of punishing persons[66] and of trying and hearing civil suits of Presidency town and factories under it.[67] There was Mayor’s court in every Presidency town.[68]

The Court of Governor-in-Council: People could appeal here if they did not like the decision of the Mayor’s court.[69]

Privy Council: It set up a bridge between England and India which used to listen appeal  from the Governor-in-Council.[70]  

The Major Courts for Criminal Judiciary under the Charter of 1726

Criminal Justice to Bring Peace: In every Presidency town there was criminal justice abiding in the Governor consisted of five senior members of the Company’s Council.. The power of  these  justices were-[71]

·         arresting persons

·         accusing those who committed crimes

·         punishing those who committed minor crimes

·         committing the rest to be tried by the Quarter Session

Quarter Session Court: In order to punish and try each and every criminal offence quarter session was hold four times in a year by three justices of the peace.[72] There were grand jury and petty jury to assist them.[73]

The Court of Governor-in-Council: The court consisted of five senior members with appellate and original jurisdiction in fixed criminal matters such as murder and high treason.[74]

Modification in the Court System Brought by the Charter of 1753

The Court of Request: The court was established to solving cases cheaply, summarily and quickly for those who could not go to the Mayor’s court due to poverty.[75] Its range was up to five pagodas.[76]

Mayer’s Court: By bringing changes in the appointment system of the Mayor and aldermen the court became subordinate to the Government of the Company. Only when both the native parties were involved in suits then it was submitted for the decision of the courts otherwise they were excluded from the jurisdiction of this court.[77] Its range was limited to five pagodas.[78]

The Court of Governor-in-Council: It had got the appellate jurisdiction in civil suits added with its old authority.[79]

The Supreme Court under the Regulating Act of 1773

·         It was formed in Madras, Bombay and Calcutta.[80]

·         Though three Request Courts were subordinate to the Supreme Court,  they were replaced by small Causes Courts in 1850.[81]

·         The qualification of the Chief Justice and junior judges of Supreme Courtwere they must be English skilled barrister.[82]

·         The powers of Supreme Court were-

Supervisory Power: The court had supervisory jurisdiction on the following courts-[83]

·         Collector’s Court

·         Quarter Session Court

·         Court of Request

·         Justice of Peace

Jurisdiction of Issuing Writs: It could issue various writs to administer justice.[84]

Original and Appellate Jurisdiction: It had jurisdiction to solve cases as acourt of first instance and also hearing appeal in following matters-[85]

·         Criminal

·         Civil

·         Admiral

·         Ecclesiastical

It could also give permission or deny to submit an appeal to the King-in-Council in criminal cases.[86]

Personal Jurisdiction of the Supreme Court: Though the jurisdiction of the court was limited to Presidency Town, it had personal jurisdiction over person of three types. They were as follows-[87]

·         British subjects

·         Employees of the Company

Judicial Modification under Direct British Rule from 1861 to 1971

The Act of Settlement1781: Based on the report of a Select Committee the Act of Settlement, 1781 was passed which minimized the power of Supreme Court to accept the opinion of the Council.[88] There were changes in the power of Supreme Court. They are as follows-

§  The court was devoid of its power in revenue matters and Company’s Court.[89]

§  Its position as a court of record and as a highest court was undermined.[90]

§  It lost its position to control the executive.[91]

§  Its jurisdiction of interpretation of constructive inhabitancy was available.[92]

§  It could practice its power on people of outside the Presidency Towns.[93]

Conflicts between Mufassil courts and Supreme Court: There were a few conflicts between two sets of court. The conflicts were-[94]

§  regarding jurisdiction over the same people

§  regarding passing decrees

§  regarding execution proceedings as it needs to file a suit in supreme Court to execute its decree in Presidency Towns.

Solution of Problems between the Courts: Some steps were taken to solve these problems. They are as follows-[95]

·         Uniting the two courts by establishing Law commission in 1853.

·         Amalgamating Sadar Adalats and the Supreme Court by appointing the second Law Commission.

·         Preparing codes of procedure to be applied in all courts.

·         Dismissing the company and reigning the Indian Government by the British Crown in 1858.

·         Enacting Civil Procedure Code, Criminal Procedure Code, Penal Code.

The Era of High Court and Its Jurisdiction and Types of Courts under various Acts

Establishment of three High Courts: Abolishing the Supreme Courts, Sadar Courts, Diwani Adalat and Sadar Nizamat Adalat the Mufassil areas and Company’s courts were merged by establishing three High Courts in Presidency Towns. The Supreme Court was represented by the original side of the High Court and Sadar Diwani Adaiat, Sadar Nizamat Adalat were represented by the appellate part of the High Court.[96]

Original Jurisdiction: The High Court applied its original jurisdiction as a court of first instance in both criminal and civil matters only in Presidency Towns but it could not try the civil suits of Small Causes Courts.[97]

Appellate Jurisdiction: By exercising appellate jurisdiction, The High Court Division hear appeals from criminal and civil courts.[98]

Supervisory Jurisdiction: Over all the criminal and civil court subordinate to the High Court were supervised by the High Court.[99]

Revenue Jurisdiction: The High Court had also revenue jurisdiction. If the sum was not less than Rs 10000 Privy Council heard an appeal from the decision of High Court but it was certified by the High Court that the case was fit for appeal or not.[100]

The Courts under the Civil Courts Act are given below-[101]

·         The District Judge’s Court

·         The Additional Judge’s Court

·         The Subordinate Judge’s Court

·         The Munsif Courts

The Criminal Courts under Criminal Procedure Act 1898 were as follows-[102]

·         Session Courts

·         Presidency Magistrates

·         First Class Magistrates

·         Second Class Magistrates

·         Third Class Magistrates

The small Causes Court Act 1887: Through this Act the Small Causes Courts of both Presidency Towns and Mufassil were retained.[103]

The Federal Court under Indian Act 1935: Through this Act the structure of the Indian Government was changed into federal type. So accordingly a Federal Court was found in October1, 1937.[104] The qualification of the judges of the court were-[105]

·         The Chief Justice and two junior judges must had experience either as a judge of the High court for five years or as an advocate of High Court for ten years.

·         Got appointed by His Majesty the judges hold their position till 65.

The jurisdiction of Federal Court : The jurisdiction of Federal Court were-

·         Exclusive Jurisdiction: Through this jurisdiction the court could decide cases between the units and the center.[106]

·         Advisory Jurisdiction: It was limited to those cases which the Governor General referred to it for advise.[107]    

·         Appellate Jurisdiction: It could cognized those cases of High Court under this jurisdiction which were certified by the High Court itself.[108]

Judicial Reforms by Lords

Judicial Plan of Warren Hastings: Through the plan of 1772 the areas of Bengal,Bihar,Orissa were divided into number of districts and they were regarded as unit.[109] Sadar Diwani Adalat was the apex court for appeal at the capital which hear appeal from Mufassil Diwani Adalat where an English collector as a judge hear appeal of the cases up to Rs. 500. The chief court for criminal appeal was Indian judge appointed and Sadar Nizamat Adalat Presided over by Daroga-i-Adalat who is an advised by the Nawab and the Governor. Mufassil Faujdari Adalat presided by a collector and try all appeal criminal cases lay to the Sadar Nizamat Adalat.[110] Through the plan of 1774 total area of Mufassils were divided into six divisions[111] a new court named Provincial Sadar Adalat presided over by 4 or 5 Company’s servants to look after revenue collection, to hear appeal, to decide cases and its jurisdiction was limited to civil matters.[112] The separation of revenue from the administration of justice was occurred by confined the Provincial Council only to revenue matters and its pecuniary jurisdiction was up to Rs. 1000 through the plan of 1780.[113]

Judicial Plan of Lord Cornwallis: Increase the number of Mufassil Diwani Adalat from 6 to 18. Compilation of Civil Code as a guidance for he Sadar Diwani and Mufassil Diwani. Four Courts of Circuits in four divisions were replaced by Provincial Court of Appeal in 1790.[114] It could try cases of both criminal and civil send to them by the Sadar Diwani Adalat or the Government and civil suits referred to it by the Mufassil Diwani Adalat.[115] The power of collectors known as magisterial power was given to the Mufassil Diwani Adalat. The Register court gave the final decision if the value was up to Rs 25 amd if the value was more than Rs. 25 the case was hand over to the Provincial Court of appeal. It could hear appeal of the cases up to Rs. 200. In order to save people from the difficulties of attending the Diwani Adalat and to bring justice nearer to the people Mufassil Court was found within 10 miles distance from defendant house. Local commissioner had jurisdiction to hear cases up to Rs. 50. The court ran by-landlords,tehsilder,farmer.[116]

Lord Hastings: During the time of Lord Hastings the jurisdiction of the Register Court, the Sadar Amin’s Court.and the Mufassil Court was raised as follows-[117]

Rs.500

From Rs.100 to 150

From Rs.50 to Rs.64

Sadar Amin also had criminal jurisdiction in1821.[118]

Lord Bentick: Abolishing Provincial Court of Appeal by providing unlimited jurisdiction to the District Diwani Adalat. Revoking the judicial power of the Registers. Creating new court named Provincial Sadar Amin which had jurisdiction to try cases up to Rs. 1000-5000.[119] Abolishing Circuit Courts and replacing them by appointing Commissioner of Revenue and Circuit. They had supervisory power over the –[120]

Magistrates

 Police

Collectors

Other executive revenue officers

It was also under the supervision and control of the Sadar Nizamat Adalat. Permitting the Commissioners to give power to the Sadar Diwani Adalat to conduct sessions. District and Session courts were born with a view to reducing pressure of sessions on the Commissioners. The jurisdiction of Sadar Amin and Munsiff were increased to Rs.1000 and Rs.300.[121]

Modification in the System of Punishment during British Period

There were several changes in deciding punishments. The changes were-

·         Punishments were no more a right of God.[122]

·         Punishments were given on the bases of its proportion.[123]

·         Concern of the officials about the impact of punishments

·         The public was made aware of the rules of Company and the nature of punishments

·         The officials find out what types of crimes were increasing and also decided punishments to reduce them.

·         There were punishments for every crime so that the victim could be benifited.

·         For less crime the punishment was less and for serious crime the punishment was serious.[124]

The Defects of British Law

The Charter of 1726: Domination of the executive on the criminal justice by the Governor-in-council[125]. Influence of executive on the Mayor’s Court. Lack of proficient judges, clash between the judiciary and the executive. [126]The jurisdiction of the Mayor court was not mentioned.[127]

The Charter of 1753: The judiciary was servant of the Company.[128] The Governor-in-Council were ignorant of the systems of the English criminal law. Expensive and difficult appeal system in the Kings-in-Council.  Indians could not participate in the administration of justice. Governor and Council had too much political force.[129]

The Supreme Court: Having conflicts between the functioning of executive and judiciary as well as Supreme Court and Company’s Court.[130] Over superiority there were conflicts between the Supreme Court and the Council.[131] There were conflicts between the Supreme Court and the Adalat in Mufassil.[132] Defective provisions of the Charter of 1774.[133]  

My Analysis

According to the definition of Hart in order to have a legal system in any country there must have five factors. They are as follows-[134]

§  Rules in order to make people bound to follow certain conduct and abstain from certain conduct which refers to criminal law.[135]

§  Rules in order to compensate the injured people and what to do to make a will or contract which determines civil law.[136]

§  System of sanction through court if the rules are broken which refers to civil and criminal courts.[137]

§  A body for making rules or change them accordingly which refers to legislative body  or parliament.

According to my analysis all the five factors were available in the legal system of the three period described above.

Conclusion

Hindu Period: Among the three period I do not like the judiciary system of hindu period at all because it was full of discrimination.It was unable to bring justice. There was no difference between civil law and criminal law. There was no judicial officer from the people of other religion and women.

Muslim Period: The judicial system of Muslim period was developed than the Hindu Period but the evidence system was full of fault and discrimination. Some punishments of crimes were illogical and cruel and the right of the women and their participation in judiciary system was not mentioned. It was based on religious belief than logic.

British Period: I like the judicial system of British period for many reasons. They are as follows-

·         The development of the Adalat system

·         The jurisdiction of the courts were mentioned clearly

·         The punishment system was developed and logical

This is why the British judicial system had great impact on the Bangladeshi judicial system. At the same time judicial officers should work hard to overcome the weaknesses.

 

 

 

 

 



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