No one has only called for the creation of distinct commercial courts: Chief Justice

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No one has only called for the creation of distinct commercial courts: Chief Justice

The call for reforms pertaining to the creation of distinct business courts has been voiced numerous times, according to Chief Justice Dr. Syed Refaat Ahmed. The desire has been made in several meetings and seminars for a long time by both domestic and foreign investors, ranging from big investors to small business owners.

According to him, the judiciary is developing at its own rate. In the last year, the judiciary has accomplished a great deal.

Huge powers were recently granted for the first time under the Judicial Appointments and Formation Rules.

He made these remarks to reporters following a seminar on the establishment of the draft commercial court held on Sunday afternoon at a hotel in Sylhet.

The establishment of the specialized business court has advanced significantly, according to the Chief Justice. A variety of development partner teams are working on this.

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Significant progress was made by attorneys and businesspeople during a joint BIDA, UNDP, and EU debate with the Supreme Court in July. As part of the agenda, these issues are being worked on. The government will receive the final draft. It will be put into effect by the government.

He added that Bangladesh does not yet have a distinct legal system for settling business issues. The quick and efficient judicial procedure is being hampered by the fact that commercial conflicts involving crores of taka are being resolved on the same terms as small civil issues. This is an issue of structural inconsistencies rather than judges. As a result, business relationships and the investment climate are being impacted, and the backlog of cases is growing. The finance and credit courts alone had almost 25,000 cases outstanding as of March 2025.

According to the Chief Justice, there has been repeated call for reforms pertaining to the creation of a distinct commercial court. This is not a single demand; it has been made in several meetings and seminars for a long time by both domestic and foreign investors, ranging from big investors to small business owners.

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Citing Rwanda, India, and Pakistan as examples, he asserted that the establishment of commercial courts might result in a climate that is effective, transparent, and conducive to investment. Important lessons can be learned from these examples for Bangladesh.

Clear and unified jurisdiction, financial boundaries and tiered structure, mandatory case management and strict time limits, an integrated mediation system, maximum use of technology (e-filing, digital tracking, hybrid hearings), equitable access for all, accountability and performance monitoring, and clear and unified jurisdiction are the seven main pillars of the proposed commercial court, according to the Chief Justice.

After the court is established, he said, judges would receive specialized training, the advantages of the hybrid legal system will be leveraged, and accountability will be guaranteed through the release of annual reports. This is a new basis for economic justice as well as a new court.

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Chief Justice Dr. Syed Refaat Ahmed attended the second session, which was the primary portion of the lecture. Sheikh Ashfaqur Rahman, the Senior District and Sessions Judge of Sylhet, gave the introductory remarks. UNDP Resident Representative Stefan Liler, European Union Ambassador Michael Miller, and High Court Division Justice Zafar Ahmed also spoke.

Officials from the Supreme Court Registry, attorneys, and judges from Sylhet, Sunamganj, Moulvibazar, and Habiganj districts attended the seminar.