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The Supreme Court Legal Aid Office has been authorised to settle certain cases through mediation, Chief Justice has approved the initiative.
Chief Legal Aid Officer Mohammad Imtiaz-ul Islam told Sara Bangla that the Supreme Court administration has issued a circular in this regard.
According to the circular, signed by Supreme Court Deputy Registrar Al Imran Khan, the Chief Justice has initially authorised Alternative Dispute Resolution (ADR), particularly mediation, for cases under seven laws.
The laws are the Family Courts Act, 2023; Parents’ Maintenance Act, 2013; Dowry Prohibition Act, 2018; Women and Children Repression Prevention Act, 2000; Penal Code, 1860; Specific Relief Act, 1877; and Negotiable Instruments Act, 1881.
Imtiaz said legal aid offices generally provide two types of mediation: pre-case mediation, conducted before a case is filed, and post-case mediation, conducted after a case is filed.
“However, the Supreme Court Legal Aid Office does not offer pre-case mediation. Only post-case mediation is available,” he said.
He added that serious or cognisable offences would not fall under the mediation process. The initiative is primarily intended for family disputes and minor or petty cases involving simple altercations.
Family Disputes
Under Section 5 of the Family Courts Act, 2023, cases involving divorce, restitution of conjugal rights, dower, maintenance, and guardianship and custody of children can be considered for settlement through mediation.
Imtiaz said mediation could help preserve families by bringing both sides together, resolving misunderstandings and encouraging reconciliation—something that does not normally happen through conventional court proceedings.
Disputes involving recovery of dower or other outstanding payments can also be addressed through mediation.
Parents’ Maintenance
Cases under Section 5 of the Parents’ Maintenance Act, 2013, have also been included.
If a child fails to care for a parent, the father or mother can file a case against the child. If such a case reaches the High Court through an appeal or revision, the court may refer it to the Legal Aid Office for mediation.
Imtiaz said the parties would be brought together for discussions and, if an agreement is reached, a report would be submitted to the court detailing the terms of the settlement.
He clarified that the Legal Aid Office itself does not dispose of cases. Whether or not a settlement is reached, a report is sent to the court, which then takes the final decision based on the report.
Dowry and Violence Against Women
Cases under Sections 3 and 4 of the Dowry Prohibition Act, 2018, and Section 11(c) of the Women and Children Repression Prevention Act, 2000, are also eligible for mediation.
Imtiaz explained that a demand for dowry without physical assault falls under the Dowry Prohibition Act. If a person causes simple physical injury while demanding dowry, the case may fall under Section 11(c) of the Women and Children Repression Prevention Act.
However, serious and non-compoundable offences, such as murder, rape and offences under Section 326 of the Penal Code, will not be covered by the mediation process.
Penal Code Offences
According to the circular, mediation may be available for cases under several provisions of the Penal Code, 1860, including Section 143 concerning punishment for being a member of an unlawful assembly; Section 447 concerning criminal trespass; Section 448 concerning house-trespass; Section 323 concerning voluntarily causing hurt; Section 324 concerning voluntarily causing hurt with dangerous weapons or means; and Section 325 concerning voluntarily causing grievous hurt.
Cases under Section 354 involving assault or criminal force against a woman with intent to outrage her modesty, Section 379 concerning theft, Section 380 concerning theft in a dwelling house or other specified premises, and Section 381 concerning theft by a clerk or servant may also be referred for mediation.
The circular also includes cases under Section 406 concerning criminal breach of trust, Section 417 concerning cheating, Section 420 concerning cheating and dishonestly inducing delivery of property, Section 494 concerning remarriage during the lifetime of a spouse, Section 500 concerning defamation, and Section 501 concerning printing or engraving defamatory matter.
Cases involving attempts to commit offences punishable under Section 511 have also been included.
However, when a case involves multiple legal provisions, whether the entire case is eligible for mediation will depend on its overall nature, applicable legal provisions and the conditions specified in the circular.
Civil and Other Cases
Cases under Sections 8 and 9 of the Specific Relief Act, 1877, concerning recovery of possession of property; Section 12 concerning specific performance of contracts; Section 39 concerning cancellation of instruments; Section 42 concerning declaratory decrees regarding legal status or rights; and Section 54 concerning injunctions have also been brought under the mediation framework.
Cases involving dishonour of cheques under Section 138 of the Negotiable Instruments Act, 1881, are also eligible.
Under the provision, failure to honour a cheque due to insufficient funds or an amount exceeding the arrangement with the bank constitutes an offence.
Imtiaz said mediation would save both time and money. While court cases can take five to seven years to conclude, the Legal Aid Office aims to resolve matters through mediation within one to two months.
He also said the legal aid mediation service is free of charge.
According to Imtiaz, a conventional court judgment generally leaves one party victorious and the other dissatisfied. But when a dispute is resolved through mediation, both sides can be satisfied with the outcome.
He described the approach as a “win-win situation.”