Siddique Bappee
Oniket Research Group
In a landmark ruling that combines fiscal responsibility with digital ambition, published in most national dailies as a leading news recently, Bangladesh’s High Court has announced its intention to conduct judicial proceedings virtually for a duration of two days per week. This initiative was announced by Chief Justice Zubayer Rahman Chowdhury in response to the global economic situation and the urgent need to save energy and electricity. It is indicative of a significant development in the country’s relationship with technology in the administration of justice. This initiative, far from being a mere austerity measure, positions Bangladesh at the vanguard of a mounting global movement to reimagine the future of judicial institutions in the twenty-first century.
A Nation with a Long Tradition of Judicial Engagement
Bangladesh has considerable experience with virtual courtrooms. In the period of the ongoing Coronavirus pandemic during 2020 and 2021, the Appellate and High Court Divisions operated virtually. This was in accordance with the provisions set out in the Use of Information Technology by Courts Act, 2020 and the accompanying Practice Directions that were issued by the Supreme Court. The earlier experiment was not merely a response to a crisis; it was proof of concept.
It is evident from the extant academic research that the judiciary of Bangladesh has made a remarkable progress with limited resources and digital infrastructure during the pandemic. Indeed, it has been demonstrated that over 101,000 bail applications were processed through virtual hearings in a period of just over five weeks, with relief being granted to more than 54,000 individuals. The institutional memory of that effort now provides a credible foundation for the new initiative.
The Case for Cautious Optimism
From a global governance perspective, the decision reflects a pattern that has been observed in England, India, Canada and across the developing world. Crises, whether pandemic or economic, consistently serve as catalysts for long-overdue judicial modernization.
Online courts have the capacity to enhance access to justice by reducing costs and expediting dispute resolution. Digital platforms have been shown to enable litigants to engage with such systems without the prohibitive burden of travel and time. The utilization of Zoom as the designated operating platform, with the stipulation that all bench officers are required to register through the IT Section by 20 April, signifies a pragmatic and accessible entry point that leverages the widespread familiarity of the technology.
Nevertheless, digital inequality remains the most pressing structural challenge. In Bangladesh, access to stable internet connectivity and compatible devices is far from universal. This means that litigants in rural or economically marginalized communities may find virtual proceedings to be a new barrier rather than an opportunity. Research undertaken across various legal and regulatory frameworks consistently identifies digital disadvantage as a multidimensional phenomenon.
This extends well beyond the mere absence of devices to encompass digital literacy, bandwidth reliability, and psychological comfort in virtual environments. In addition, there is a more subtle yet constitutionally significant question to be addressed, namely, whether the solemnity and procedural integrity of court proceedings can be adequately preserved when conducted via video conferencing. Furthermore, it is pertinent to consider whether the visibility of justice is diminished when conducted behind a screen.
Procedure, Precedent, and Path Ahead
From a procedural standpoint, the transition gives rise to questions that extend beyond mere logistics. A comparative study of e-justice systems has revealed that the encoding of legal processes into digital platforms can pose a threat to fair procedure and judicial impartiality if not governed by robust institutional frameworks. Bangladesh’s extant legislative architecture, namely the Use of Information Technology by Courts Act, 2020, provides a formal basis for virtual proceedings. Nevertheless, the newly proposed initiative will serve to test the sufficiency of the framework in governing a routine, non-emergency deployment. The development of the capacity of judges, lawyers and court officers will be as critical as the technology itself.
Historical analysis indicates that reforms to governance, initiated in circumstances of exigency, have frequently evolved into enduring institutions when they have been demonstrated to serve the public interest. The potential of Bangladesh’s twice-weekly virtual High Court sessions, if implemented with the requisite care and equity, as well as with digital support systems, clear procedural guidelines, and active attention to access for vulnerable litigants, is twofold. Firstly, it could represent a significant energy-saving measure. Secondly, it could represent the beginning of a more accessible, efficient, and resilient justice system for a nation of 170 million people. The moment of decision has been made. The virtual courtroom is now operational.
