No scope for dismissal even trial not concluded within 180-day, HC's landmark verdict

The court held that the 180-day period prescribed for completing trials under the Women and Children Repression Prevention Act, 2000 is directory, not mandatory.

Therefore, expiry of the deadline does not automatically render a case proceeding invalid or create any legal bar to continuing the trial.

An HC bench comprising Justice KM Kamrul Kader and Justice Mohammad Shawkat Ali Chowdhury delivered the judgment on June 7, 2023. A copy of the judgment was recently published on the Supreme Court website.

In its judgment, the court said a careful examination of Section 30A (i.e. Section 31A) of the 2000 law showed that the failure of a tribunal to conclude a trial within the stipulated period could not, under any circumstances, result in the suspension of proceedings in a women and children repression case.

The court further observed that although the law sets a 180-day timeframe for completing such trials, neither Section 20 nor Section 31A provides for the cancellation or suspension of proceedings if the trial is not completed within that period.

As a result, the expiry of the statutory timeframe does not by itself bring the trial to an end, the court said.

Adv MH Rashid represented Md Saiful Islam alias Pavel before the court, while Deputy Attorney General Sheikh Saifuzzaman (Jaman) and Assistant Attorney General Md Shafiquzzaman (Rana) appeared for the state.