Professional Documents
Culture Documents
Development
Programme
Judicial Strengthening (JUST) Project
December 2014
Final Report
Executive Summary
With democratization, urbanization, and adoption of market reforms, the complexity of
social interactions has risen manifold, making the improvement of judicial conflict-
resolution capabilities and service delivery more important than ever before.
Understandably, there has been an unprecedented increase in private-sector demand
for clearer definition of rights and obligations, and a rising demand for justice, both civil
and criminal.
Like many other governments across the world, the Government of Bangladesh
(GoBD), with UNDP's assistance, has embarked on a comprehensive programme of
judicial reform to build trust among its stakeholders. The ambit of reform includes
changing, adapting and improving the judiciary, courts and their processes to bring
about improvement in the quality and efficiency of administration of justice. An integral
element of the reform measures is to improve access to justice for people, particularly
those at society's margins. Contextually speaking, among other factors, change
drivers for judicial reform in Bangladesh include:
lengthy case delays and mounting case backlogs;
unpredictable disposition times for cases;
limited access to justice;
lack of transparency and predictability in court decisions;
shortage of financial, physical and other resources; and
weak public confidence in the judicial system.
Under the aegis of JUST, this exercise aims at drawing up a strategic plan for the
adoption of ICT in the Justice sector towards meeting the aforesaid objectives.
Principal Recommendations
Recommendations emerging from the current state assessment and benchmarking
exercise include the following:
1. FUNCTIONAL AND PROCESS STANDARDISATION: A proper functional and
process thesaurus/dictionary must be built for the Justice sector as a whole to
ensure that the coverage of the system is complete as is the alignment with sector
objectives; this will help when, at a later date, when an Enterprise Architecture is
prepared for the Law Enforcement Cluster. The coupling between this exercise
and others that depend on it should be loose.
2. PROCESS RE-ENGINEERING: Subsequent to process standardisation, a
thorough process re-engineering should be carried out including criminal judicial
processes as well as other administrative processes, as process mapping for civil
justice processes has been completed. Common processes must be discovered,
(a) between civil judicial and criminal judicial processes; and (b) between
administrative processes in this sector and those of any other sector within the
government.
3. INFORMATION AVAILABILITY: Information must be available particularly to the
judiciary through convenient means of access for them to be able to schedule
dates of hearing, categorise cases, allocate judges and perform other associated
functions. Legal research literature to empower judges with statutory codes,
judicial opinions, treatises, legal journals, and other useful inputs must be at hand
too, appropriately tagged and indexed for better search and retrievability.
4. DATA STANDARDISATION: All data elements invoked in the processes must be
standardised not just in their description but also in their representation. A
metadata repository for the Justice sector must be in place. Further, all documents
must be appropriately classified with template-based entry of information related
to documents into the database facilitating the transformation of the system from
a document-centric to a data-centric one.
5. LEGAL INTERVENTIONS: For the changes introduced through process re-
engineering and adoption of ICT to enjoy legal sanction, concomitant legal
refinements also be made for newly introduced changes to have their basis in law.
6. TECHNOLOGY SOLUTIONS: Technology solutions must take into account the
entire set of judicial and administrative processes with case management, serving
as the backbone of the eJustice suite, being built using caseflow management
techniques to facilitate case-tracking, ensure that cases move through efficiently
and provide information to allocate time and resources judiciously. Furthermore,
the same solution would be applicable for the Supreme Courts as for the lower
courts for the same functions. Solutions must be developed using non-proprietary
standards and served over the Internet either on computer or over mobile devices.
Taken in conjunction, standardisation of process, data and technology will ensure
The year 2021 has been identified as the target year for eJustice Vision: “Easy Access
to Speedy Justice for ALL through ICT by 2021", also referred to as e@syJUSTICE
2021. The Vision includes the two principal elements of speedier case disposition
(efficiency imperative) and service delivery to stakeholders (delivery imperative), while
predictability in judicial processes is an implicit enabler (effectiveness imperative).
To realise the above Vision, five strategic themes have been proposed with goals
associated with each of them as in the table below.
Finally, strategies have been defined to attain the goals and, for each of the strategies,
interventions have been recommended to be implemented under four different
“programmes”. The set of interventions recommended for implementation has been
influenced by:
readiness of stakeholders for implementation of the intervention in question,
particularly those that are distinctly more complex than the others;
criticality of the recommended intervention;
sustaining existing momentum of eJustice achieved through stakeholder
interactions; and
selecting the most optimum path within the constraints while keeping room for latter
day interventions to bridge any gaps that might emerge.
Strategic
Strategy Intervention
Themes
Standardisation Standardise all process, S4: Define and finalise standards
and Re- data, service delivery and guidelines for record-
engineering and technology elements keeping in Bangladesh judicial
with a view to bring about entities
accurate and complete S5: Define and finalise the Judicial
information exchange Service Charter aligned with
other eGovernment interventions
Part One lays out the context, background and scope of the strategy. The bulk of Part One, though, is
constituted by an assessment of the current state in so far as judicial reform in general and ICT adoption,
in particular is concerned, followed by cataloguing the principal issues discovered during assessment
of the current state, interspersed with best practices from across the world where similar issues have
been faced. Finally, this part offers the recommendations proposed for ICT adoption towards meeting
the ends of justice in Bangladesh.
Part Two is based on the recommendations emerging from the earlier part and outlines a strategic
framework proposed for ICT adoption within the Judiciary. As part of this, the second part outlines the
eJustice Vision for Bangladesh, the constituent strategies and their associated goals and, finally, the
interventions that must take place on the ground for the strategies to be implemented and associated
targets to be met. An implementation framework for the proposed interventions is recommended
including an Action Plan that is derived from running a prioritisation schema on the interventions, and
the institutional structure required for immediate implementation. Budgetary allocation required for the
proposed activities and a monitoring and evaluation framework conclude this part and the eJustice
strategy document.
5. Conclusion ....................................................................................................... 96
6. Annexures........................................................................................................ 97
6.1 Annexure I: The Structure of the Judiciary in Bangladesh .............................................................. 98
6.2 Annexure II: Approach and Methodology followed for the Exercise .............................................. 100
6.3 Annexure III: Snapshot of the Australian Government Interactive Functions Thesaurus .............. 103
6.4 Annexure IV: Techniques of Case Management Systems............................................................ 104
6.5 Annexure V: Document-Centric Vs. Data-Centric Systems .......................................................... 105
6.6 Annexure VI: Mobile App Screenshots from the First Judicial District of Pennsylvania ................ 106
6.7 Annexure VII: Details of the eJustice Institutional Framework ...................................................... 107
6.8 Annexure VIII: Suggested List of Indicators to be used for eJustice Monitoring and Evaluation ... 111
6.9 Annexure IX: Intervention-wise Details of Budgetary Allocation ................................................... 116
6.10 Annexure X: Details of Budgetary Allocation on Technology Interventions .................................. 120
6.11 Annexure XI: List of Assumptions made for Budgetary Allocation ................................................ 129
List of Tables
Table 1 ICT Activities in the Supreme Court of Bangladesh ........................................................................................................ 4
Table 2 Information on Judiciary Portals across countries......................................................................................................... 13
Table 3 Minimum core functionality of the eJustice System ...................................................................................................... 25
Table 4 Themes and their Description ...................................................................................................................................... 36
Table 5 List of Strategies and Strategic Interventions ............................................................................................................... 38
Table 6 Interventions, Outputs and Implementation Responsibilities for Strategy S .................................................................. 41
Table 7 Measurement Indicators for Interventions under Strategy S ......................................................................................... 44
Table 8 Interventions, Outputs and Implementation Responsibilities for Strategy B .................................................................. 46
Table 9 Measurement Indicators for Interventions under Strategy B ......................................................................................... 47
Table 10 Interventions, Outputs and Implementation Responsibilities for Strategy L ................................................................. 48
Table 11 Measurement Indicators for Interventions under Strategy L ........................................................................................ 48
Table 12 Interventions, Outputs and Implementation Responsibilities for Strategy T ................................................................. 49
Table 13 Measurement Indicators for Interventions under Strategy T ....................................................................................... 51
Table 14 Interventions, Outputs and Implementation Responsibilities for Strategy A ................................................................ 54
Table 15 Measurement Indicators for Interventions under Strategy A ....................................................................................... 55
Table 16 Functions to be discharged by the Institutional Framework for eJustice...................................................................... 55
Table 17 Interventions, Outputs and Implementation Responsibilities for Strategy I .................................................................. 58
Table 18 Measurement Indicators for Interventions under Strategy I ......................................................................................... 59
Table 19 Interventions, Outputs and Implementation Responsibilities for Strategy C ................................................................ 61
Table 20 Measurement Indicators for Interventions under Strategy C ....................................................................................... 62
Table 21 Interventions, Outputs and Implementation Responsibilities for Strategy G ................................................................ 64
Table 22 Measurement Indicators for Interventions under Strategy G ....................................................................................... 65
Table 23 Interventions, Outputs and Implementation Responsibilities for Strategy O ................................................................ 66
Table 24 Measurement Indicators for Interventions under Strategy O ....................................................................................... 67
Table 25 Interventions, Outputs and Implementation Responsibilities for Strategy R ................................................................ 68
Table 26 Measurement Indicators for Interventions under Strategy R ....................................................................................... 69
Table 27 List of all proposed strategic interventions .................................................................................................................. 71
Table 28 Prioritisation among the technology components ....................................................................................................... 73
Table 29 Proposed Action Plan for eJustice in Bangladesh ...................................................................................................... 75
Table 30 Implementation Risks and Mitigation Measures.......................................................................................................... 83
Table 31 M&E Framework- Outcome and Impact Indicators ..................................................................................................... 89
Table 32 eJustice Impact Indicators and Goals to be realised ................................................................................................... 92
Table 33 Interventions, Outputs and Implementation Responsibilities for Strategy M ................................................................ 93
Table 34 Measurement Indicators for Interventions under Strategy M ....................................................................................... 94
Table 35 Intervention-wise budget ............................................................................................................................................ 95
Table 36 Year-wise Budget....................................................................................................................................................... 95
Table 37 Suggested List of Indicators for eJustice Monitoring and Evaluation......................................................................... 111
Table 38 Intervention-wise details of budgetary allocation proposed ....................................................................................... 116
Table 39 Details of Budgetary Allocation on Technology Interventions (Phase I) .................................................................... 120
Table 40 Details of Budgetary Allocation on Technology Interventions (Phase II) ................................................................... 123
Table 41 Details of module-wise customisation effort estimates (persondays) ........................................................................ 125
List of Figures
Figure 1 Multi-dimensional Interventions of the Judicial Reform Process .................................................................................... 2
Figure 2 A Phased Approach for ICT Adoption and eJustice ....................................................................................................... 6
Figure 3 eJustice Technical Solution Framework ...................................................................................................................... 24
Figure 4 The Concept of the Electronic Data Room .................................................................................................................. 28
Figure 5 Proposed Strategic Approach to be followed ............................................................................................................... 34
Figure 6 Proposed Strategic Framework ................................................................................................................................... 36
Figure 7 Proposed Institutional Framework for eJustice ............................................................................................................ 60
Figure 8 The Proposed ICT in Judiciary Strategic Framework................................................................................................... 70
Figure 9 Prioritisation applied to technology components.......................................................................................................... 73
Figure 10 4-tiered eJustice Implementation Structure ............................................................................................................... 79
Figure 11 Institutional Structure for Implementation .................................................................................................................. 82
Figure 12 Structure of Judiciary in Bangladesh ......................................................................................................................... 99
Figure 13 Overall Approach Proposed for the Assignment ...................................................................................................... 100
Figure 14 Identification of Best Practices ................................................................................................................................ 101
Figure 15 Selection of Best Practices ..................................................................................................................................... 101
Figure 16 Prioritization Methodology ....................................................................................................................................... 102
Figure 17Australian Governments' Interactive Functions Thesaurus ....................................................................................... 103
Figure 18 Mobile App from the Pennsylvania Judiciary ........................................................................................................... 106
List of Boxes
Box 1 Digital Bangladesh 2021 ................................................................................................................................................... 4
Box 2 Backlog in Bangladesh Judiciary .................................................................................................................................... 10
Box 3 Court Backlog and Delay Reduction Programme in Malaysia.......................................................................................... 22
Box 4 Transition from the Implementation Structure to the Institutional Structure ...................................................................... 78
The basic elements of an effective judicial system includes predictable outcomes within courts;
accessibility to courts by people, regardless of income or educational level; reasonable time to
disposition; and adequate court-provided remedies[1][2]. Should there be a shortfall in such core tenets
of the judicial system lack of confidence in administration of justice would be high, particularly among
small economic units and low-income families that bear the brunt of an inefficient justice system the
most.
In many developing countries, the judiciary is not consistent in its approach and carries a large backlog
of cases, stifling private sector growth, dampening investment and causing erosion of individual and
property rights. Governments are therefore embarking on programs of judicial reform to build trust
among its stakeholders. Broadly, judicial reform refers to changing, adapting and improving judiciaries,
courts and their processes to bring about improvement in the quality and efficiency of administration of
justice. It aims at empowering the judiciary to deliver more equitable, expeditious and transparent
services to citizens, economic agents, the state and other stakeholders. The idea is to make the
judiciary more effective in enforcing the rule of law[3]. This would not only be conducive to trade,
financing and investment but would also promote social peace and trust. In fact, a properly working
judiciary is a condition for joining the World Trade Organization[4].
Enhancing court performance must be a key objective of judicial reform and is reflected by such
indicators as procedural time, clearance rates etc. Inefficiency causes delays, which raise litigant-
related costs thereby impeding user access to courts, particularly among economically weaker sections.
However, besides efficiency, judicial reform encompasses many other dimensions such as improving
the independence of the judiciary and enhancing procedural transparency. It must be borne in mind that
factors that affect efficiency do not always improve the overall quality of justice, and in some cases can
even undermine it[1].
While socio-political and market pressures present new demands on judiciaries, technological and
communicational advances and international support offer opportunities to judicial policy makers to
make justice more accessible, transparent and effective. This is true for countries rooted in European
civil law or English common law[3].
Compounding this are other drivers such as population growth, globalization, crime, urbanization,
labour migration, poverty, gender bias, human rights, economic failures, indigenous rights, and socio-
technological advances, all of which lead to citizen demands for judicial reform[4].
INFORMATION AND
INSTITUTIONAL CAPABILITY COMMUNICATION
TECHNOLOGY
PUBLIC
ECONOMIC POLICY
FINANCE
The availability of web services, possibility of referring to online legislation and case law, use of
electronic filing, electronic exchange of legal documents, are only some examples that are acting as
positive change drivers. While new possibilities are emerging for the integration and automation of court
procedures and practices, the increasing ubiquity of the Internet provides an opportunity to open the
judiciary to the public, providing both general and specific information on its activities, thereby also
increasing legitimacy and enhancing trust.
The legal system in Bangladesh is based on its Constitution of 1972, Bangladesh Penal Code 1860,
Civil Courts Act 1887 and Criminal Procedure Code 1898 as amended from time to time. The Judiciary
consists of a Supreme Court, subordinate courts and tribunals. The Supreme Court comprises the
Appellate Division (AD) and the High Court Division (HCD). Besides the above courts there are tribunals
and special courts like Juvenile Court, Labour Court, Family Court, Administrative Tribunal, etc.
The HCD is empowered to hear appeals and revisions from subordinate courts, and also to issue orders
and directives in the nature of writs to enforce fundamental rights and to grant other reliefs available
under the writ jurisdiction. The AD is vested with power to hear appeals from the decisions of the HCD
or from any other body under any statute. The HCD has powers too of supervision and control of
subordinate courts and tribunals and is competent to declare any law inconsistent with the fundamental
rights as null and void. Annexure I provides more details on the structure of judiciary in the country[9].
Much like the situation that obtains in other developing and transitional countries, the judicial system in
Bangladesh faces the same constraints and bottlenecks. Following the English common law and
working within the boundaries of the Constitution of Bangladesh and complying with procedures defined
in its codes of justice (civil and criminal), the largely independent judicial system lacks a nation-wide
standardisation of case management processes that need to be followed. Cases take inordinately long
to reach their logical end even as litigation costs keep mounting. Case backlog is very high.
Compounding this problem is the fact that information related to cases is not easily available thus adding
to the inconvenience of the already distressed citizen seeking recourse to justice. Inevitably, it is the
vulnerable and marginalised sections of the society that suffer the most. There is a crying need,
The Supreme Court with UNDP's technical and financial support has undertaken a project, known as
JUST (Judicial Strengthening) to strengthen its capacity to administer the court system efficiently and
reduce the case backlogs which would provide a sustainable foundation to improve access to justice
for the public, especially, vulnerable groups such as the poor, women and children. Specifically, the
project focuses on four outputs:
1. Improved case management in the Supreme Court;
2. Improved strategic planning and administrative capacity of the Supreme Court;
3. District courts deliver improved services for court users; and
4. Strengthened training capacity on case-management.
Despite there being no comprehensive all-encompassing ICT solution in Supreme Court of Bangladesh
several solutions that significantly enable user convenience have been developed. These owe their
presence and usage more on account of individual zeal in the ICT wing and to top level commitment of
the Judiciary than to any sector-wide effort. Principal among these are shown in Table 1[10][11]:
In Bangladesh administration of justice is the responsibility of the judiciary, which comprises the
Appellate Division and the High Court Division of the Supreme Court at the higher level, followed by a
hierarchy of civil and criminal courts at the District level. The Appellate Division of the Supreme Court,
effectively the highest Court of the republic, comprises 7 judges including the Chief Justice. Judicial
independence and impartiality are guaranteed by the constitution of the country[7].
Recognising the slow, costly and time consuming processes of case management, GoBD has earlier
undertaken a Legal and Judicial Capacity Building Project having its objectives mainly;
to improve the quality and pace of the civil justice delivery system;
to reduce backlog;
to make the system more accessible to users, particularly disadvantaged, women and children; and
to institutionalize resolution of disputes out of courts.
The World Bank and other development partners provided funding and other support for the existing
Court Administration and Case Management System and for strengthening of the judiciary.
As part of the cited project all plaints, applications, etc. began to be filed in a single location of the Court
house where they are examined and assigned a case number and relevant particulars were entered
into a Case Management System. The Pilot Districts assumed responsibility for operating the
computerized Case Management System under the close supervision of a Judge known as the Judicial
Administrative Officer who had the primary responsibility to implement the case management plans[7].
However, interactions reveal that this intervention aimed at automating case filing and management
operations did not succeed mainly because (a) the requirements of the court processes in the Supreme
Court (indeed, the whole of the Judiciary) did not match what was being provided by the software
implemented; (b) as no process mapping and subsequent re-engineering was done the software only
replicated inefficiencies on a technology platform; and (c) the design process did not involve the
Judiciary to any substantive extent who were then very uncomfortable to use it.
In the earlier system access to justice faced critical problems on account of (a) increased sophistication
of the legal system which led to increased cost of litigation and (b) continuing social inequality combined
with the increased litigation cost created a sort of restriction of access to justice for larger segment of
the population, often the poor and disadvantaged groups of the society. To address this the legal
community including judges and legal professionals under the National legal Aid Organisation took the
responsibility of offering pro bono services to indigent litigants and vulnerable people of society[7].
Other reform elements included the introduction of Alternative Dispute Resolution (ADR) mechanism,
legal aid services and training programme for the Judges and Court’s support staffs. Amendments were
introduced in the Code of Civil Procedure to enable the judges to apply methods of Mediation and
Arbitration as supplements to the existing formal litigation system[7].
1
For a detailed explanation of “tracks” of interventions see Annexure II that details the methodology adopted for the exercise.
Process standardisation entails that pre-agreed standard processes are followed for the same functions
and services (except where explicitly required otherwise) by all sector agencies regardless of their
location; moreover a standardised way of depicting processes must be aligned with globally agreed
representation styles and must be known transparently to all stakeholders. Such standardisation makes
possible interoperability and integration, a core requirement of organizational integration that deals with
defining business goals, aligning business processes and bringing collaboration capabilities to
disparate organizations that wish to exchange information[13][14]. Such interoperability is key to making
services easily identifiable, available, accessible and user-centric even if the services transcend
organizational boundaries (within or outside the sector).
One of the first outcomes of any process standardisation exercise is a process repository of
standardised processes. Taken in conjunction with technology, an online process dictionary or a
process thesaurus that is based on classifying functions and activities and associating them with
standard processes has been used by many governments.
Process Representation
True integration also requires that agencies adopt common standards for documenting business
processes. Among the two most common standards used to model business processes (the Unified
Modelling Language (UML) and Business Process Modelling Notation (BPMN)), BPMN has become
the de facto standard language for modelling and analysing business processes[14]2.
Currently processes being followed in the sector are found wanting in both the aspects of (a) lack of
standardised processes that completely cover all functions of the judiciary; and (b) a standardised way
to represent processes in order to seek out commonalities between them.
2. PROCESS RE-ENGINEERING
The current processes also have embedded inefficiencies in them in the way they are meant to be
executed resulting thereby in delay in all processes including those for case management. It is only
recently that a judicial process mapping and re-engineering exercise has been carried out though
recommendations of the same are yet to be adopted.
2
BPMN is a diagrammatic and semi-structured notation that provides businesses with the capability of representing their
internal business procedures in a graphical language which facilitates the understanding of the performance collaborations and
business transactions between organizations.
Any change resulting from process re-engineering or technology deployment (making redundant
thereby old processes or process components or manual ways of operation) will be adopted only when
such changes have their basis in the legal or regulatory structure. In the absence of legal or regulatory
support, the appeal of process change/ technology deployment is undermined. Specifically, legislative
or executive support is required at least in:
treating electronic forms of communication, including submission of documents and messages in
the same form, at par with those in the traditional paper-based modes including being admissible as
evidence;
giving the highest priority to the privacy and confidentiality of data through appropriate data
protection laws/regulations; and
assuring the authenticity and integrity of court information held in electronic form.
In Bangladesh the ICT Act 2009, Right to Information (RTI) Act 2009 and the amended
Telecommunication Act 2010 have laid the foundations of an ICT-enabled development strategy,
including within its coverage aspects associated with electronic transactions, electronic evidence, and
cyber misuse and crime. The RTI Act 2009 enables freedom of information. In addition, the Office of
the Controller and Certifying Authority has been established for issuance of e-certificates[18]. However,
a strong data protection legislation that provides for the privacy and confidentiality of personal data
shared during the course of partaking of electronic services is missing, though a basis for this exists in
Article 43 of the Constitution that expressly declares that every citizen shall have the right to the privacy
of his correspondence and other means of communication[19].
Caseflow management techniques are the defining element applied all over the world and across
different judicial systems as an approach to keep track of cases, ensure that cases move through in an
efficient manner, and provide information to allocate time and resources based on case
requirements[20]. Caseflow management is a set of principles and techniques that enhance greater
processing efficiency, reduce delays/ backlogs and encourage better services from courts3. Benefits
accruing from a good case management system include the following.
By promoting early control of cases by courts, case management leads to greater predictability of
court events leading to increased public trust.
By adherence to standardised steps of case processing it leads to more efficient reporting, higher
levels of transparency, and better exchange of data and potential mobility of staff between courts.
By undertaking necessary re-engineering efforts caseflow management leads to higher levels of
efficiency resulting in time and cost savings of all stakeholders concerned.
3
At its heart of case management is the principle that the court, as against lawyers or litigants, controls the manner in which
each case is processed.
In Bangladesh currently, there is no control mechanism for measuring the progress of a case owing to
which case management has been inefficient, which compounds the case backlog issue. Further, in the
event of postponement there are no tools for effective case-rescheduling. Court registry staff finds it
difficult to allocate caseloads to different jurists thus further delaying the overall process.
Further, going forward the following are some of the indicators, appropriately customised, that will be deployed for
assessment of progress of ICT adoption in the Judiciary[21]:
Judicial productivity – caseloads per judge or case dispositions per judge, annually or for shorter periods. (increase
is a positive sign)
Clearance rates – cases disposed (by whatever means) over new filings for each year (increase is a positive sign)
Average disposition times for cases closed – cases can be grouped by categories for greater detail (increase is a
negative sign)
Ageing lists – showing age of active caseload, often by grouping cases into categories (e.g. less than 30 days since
filing, 30-60 days and so on)
Number of cases pending with a duration of more than two years.
Size of backlog
Annual carryover of cases
The name of the court, the subject and the parties of the case, the initial and final date, the judge-rapporteur and the
dates of scheduled open court sessions are put down on the front cover of the folders. The number of a case follows the
pattern: year, unified information code of the court according to a standard list, number specifying the type of the case:
01 – first instance civil cases, 02 – first-instance criminal cases, 03 – real estate cases, 04 – execution cases, 05 –
second-instance civil cases, 06 – second-instance criminal cases, 07 – administrative cases, 08 – corporate cases; five-
digit serial number of the case.
Documents received in relation to a certain case are attached to its folder chronologically by order of reception and are
numbered. If they are too many a second folder is attached to the first one bearing the same case number; the first folder
is then labelled as Volume 1 and the rest receive the respective volume numbers. Pre-trial proceedings’ files and the files
of non-judicial bodies are attached to the back cover of the cases. Folders of current cases are arranged vertically by
their serial number and colour for each calendar year. Cases with a deadline for specific proceedings are arranged
separately. Cases on which closed sessions are held are arranged at yet another place.
The ELS was to function as an effective and efficient litigation tool by providing features that litigation lawyers will utilise
in their daily work. In particular the following areas were identified where ELS could assist in the management of a
litigation lawyer’s case file[17]:
Provide integrated due diligence checks with various government departments;
Function as a repository of case information;
Function as an electronic data room for case documents;
Provide a conduit for communications between law firms and the Court;
Provide a conduit for law firms inter se; and
Be customisable to suit different practices.
3. INFORMATION AVAILABILITY
Information availability refers to the ready availability of information to judiciary and administrative staff
through convenient means of access for them to be able to schedule dates of hearing, categorise cases
and allocate judges and undertake other documental preparation required to register a case. Similarly,
in addition to case and court management functions, advanced court information systems typically also
have legal research support components which empowers judges with statutory codes, judicial
opinions, treatises, legal journals, and other sources[20]. Supported with tagging, indexing, search and
discovery functions, these provide judges with assistance in making consistent, predictable and
speedier decisions.
In Bangladesh judiciary at present, as there are no information systems that comprehensively cover the
entire case management process information availability is a major problem and is a principal reason
for the heavy case backlog in the judiciary. Time taken for case registration is very long because court
staff needs to type all information manually which involves repetitious work as the same information
Among various other reasons such as limited number of judges and court officials, high volume of cases, poor
infrastructure, and limited financial resources, the most significant reason was the unavailability of complete information
relating to the case as and when required. In fact, in some cases not only has information been incomplete but has been
tampered with as well. With e-Court, the government aims to reduce the time taken to settle a case and to manage each
case and related information more efficiently and systematically[23].
4. DOCUMENT CENTRIC
Although there is no information system that requires documents to be uploaded (for example, as in
electronic filing) it is often noticed that systems typically require documents to be attached for reference
without capturing the information carried in the documents, recording at best the name/type of the
document. Doing this undermines the retrievability of the document particularly in search functions if
the keywords used for search do not feature in the document name. Retrieval is, therefore, to that
extent, incomplete. Annexure V further illustrates the difference between the two approaches:
document-centric and data-centric.
5. INFORMATION EXCHANGE
The current existing system cannot undertake information exchange with other systems within or
outside the judiciary. This not only undermines a possible validation check on data but could even result
in data inconsistency and conflict besides resulting in many other shortcomings. At the case filing stage
the data that need to be entered in the system also feature in many other information systems with
which the eCourt system should be able to exchange information seamlessly, failing which the
aforementioned problems will occur.
6. POST-MODERN TECHNOLOGIES
The current system is accessible only over the web; post-modern technologies like mobile devices, IVR-
enabled helpdesk facilities have not been used at all. This undermines the usability and adoption levels
of the system in a big way. No mobile applications are, for instance, in use in the sector.
In another instance the mobile Almanac of the Federal Judiciary provides balanced, responsible judicial profiles of every
federal judge and all the key bankruptcy judges and magistrate judges. The resource includes[26]:
judge's academic and professional background, experience on the bench, noteworthy rulings, and media coverage;
commentary by lawyers, based on first-hand experiences before their local federal judges;
tips for litigating team in shaping case strategy; and
insights into each judge's style, demeanour, knowledge, and management of courtroom proceedings.
The First Judicial District of Pennsylvania made available a mobile app for iPhone and Android devices that displays
hearing lists for Trial Division - Civil as well as docket entries for the listed cases. Users can see up-to-the-minute listings
and filings[27]. Screen shots are as shown in Annexure VI.
The existence of an eJustice metadata standard will help in three principal ways[28]:
the standard will help users access resources (discover, locate, read and use);
once discovered the standard will improve the interoperability of information and services at
different places, making it easier for users to compare and combine information from different
government sources in consistent and meaningful ways; and
the standard will help improve the delivery of eGovernment (including eJustice) services.
No such initiative appears to have been taken up in Bangladesh either at sector or at a larger
government level. Most of the information is in unstructured, textual form, making it difficult to find
desired information or to compare or compile information from disparate/dissimilar sources.
4
Indeed, making government information more accessible is seen as a key aspect of making government more transparent. In
fact, access to information ("right to information") statutes often require that all information whose publication is mandated by law
must be made available via a government search engine (for example, in Netherlands)[28].
5
A more helpful definition is that it is structured information about a resource. Metadata enables a resource to be found by
indicating what the resource is about and how it can be accessed with a series of structured descriptions[49].
8. PAPERFULNESS
In the absence of digitisation/ digitalisation all information transfer takes place through physical
movement of files in Bangladesh judiciary. Movement and circulation of physical files cannot be
controlled systematically and it becomes difficult to trace the whereabouts of a particular file easily
leading at times to missing files. This situation also facilitates corruption.
In many cases and for a long time after their introduction, automated registers did not substitute paper based ones as
official documents, thus requiring clerks and administrative personnel to deal with parallel procedures and duplication of
work. For example, till 1999 in Belgium, after several years of efforts the introduction of electronic internal documents
had not suppressed the paper-based system despite there being no legal obstacles to transition to paperlessness[6].
9. ACCESS ISSUES
The incumbent GoBD’s concept of Digital Bangladesh rests on the two pillars of connecting citizens
and facilitating pro-poor services at citizen’s doorsteps. The National ICT Policy too targets to improve
tele-density to bring most of the population under the ICT umbrella including with e-community
centres[18]. However, Bangladesh has consistently ranked low in the telecommunications index that
focuses on access attributes of ICT[18] in the latest international eGovernment Development Index
exercises. Notwithstanding the lack of any comprehensive surveys to collect information on the use of
ICT at the household and individual levels, more general purpose surveys indicate a penetration (as of
2010) of telephone, PC, Internet and mobile as approximately 2%, 3%, 1.4% and 64% respectively[32].
These figures reinforce the need to have universal access facilities like community Internet centres and
mobile phones to serve as terminal instruments of service delivery.
ATM style touchscreen kiosks planned for judicial service delivery by the Government of India
The eCourts project of India was conceptualised on the basis of a national policy and action plan for implementation of
ICT in the Indian Judiciary in 2005 and was submitted by an eCommittee of the Supreme Court. The idea is to automate
the processes to provide transparency of information access to its stakeholders. As part of judicial reforms, the project
plans to enhance judicial productivity both qualitatively and quantitatively and to make the justice delivery system
affordable, accessible, cost effective and transparent. To help litigants get easy access to court documents by cutting
down lengthy procedures and as part of Phase II of the ambitious eCourts project, the Department of Justice (Government
of India) proposes to install ATM-style touchscreen kiosks in court complexes from which case status and daily orders
can be procured. It also plans development of central filing and information centres for filing cases and ascertaining cases
status and orders[33].
However, a 2013 study commissioned by the UNDP for backlog reduction recommends a suite of
disincentives (penal, monetary and otherwise) including (a) monetary sanctions or “costs” to compel
compliance with court orders and deadlines; (b) sanctions to advocates, litigants, witnesses or expert
witnesses for not appearing at a previously scheduled hearing or in response to a properly served
summons; and (c) sanctions to lawyers for coming to the court unprepared for the case in hand[36].
In 1998, responding to the overall need for reforms the government passed a law that addressed both the issue of time
to disposition and judicial work culture by improving incentives for court employees, including judges. Under the new law,
the Supreme Court would set performance goals for courts across the country. Performance of each court would be
measured against these goals and a five percent bonus given to employees of the courts that rank in the top 40 percent[2].
2. GRIEVANCE REDRESSAL
For customer satisfaction to occur from service delivery it is important that their expectations are known
before hand and details of services that would be provided to them conveyed to them in as clear terms
as possible. This takes the shape of service delivery parameters (with their associated targets which
the service provider endeavours to meet). However, in the event that there is a significant shortfall in
service delivery from what was promised customer sensitivity requires that a redressal mechanism be
in place to manage and compensate the customer against any resultant loss or inconvenience. In the
current state no service delivery norms or targets have ever been defined; consequently, redressal
mechanisms do not appear to have been considered.
3. INSTITUTIONAL SUPPORT
Prime Minister’s Department directly responsible for the implementation of eCourt in Malaysia
E-Court is regarded as a Malaysian eGovernment project under the responsibility of Legal Affairs Division (BHEUU) of
Prime Minister’s Department, with the Federal Court Chief Registrar’s office as the implementing agency. BHEUU plays
the monitoring role over the implementation of E-Court project, as well as managing the financial and physical provision
for its development[23].
4. CAPACITY BUILDING
Judicial efficiency and independence needs a well-trained judiciary. While in many countries judges are
personally responsible for developing their knowledge and skills, continuing education is seen as a
judicial responsibility and a common element of legal and judicial reform programs. Judicial training
includes not only improvement of knowledge, but also a change in attitudes. To manage judicial training
whereas some countries recognise that the overall control and direction must be in the judiciary’s hands,
in other countries, training is provided by entities such as law schools or judicial training institutes
managed by the Ministry of Justice[37].
For the induction of ICT too, while it is important to have appropriate technology solutions, the presence
of the right knowledge, skills and attitude to empower users of the eJustice system is equally important.
Capacity building therefore must form a key and integral component of any eJustice effort. Such efforts
must, however, be role-based to get the most optimum benefits.
No continued capacity building effort appears to have been taken up in the Bangladesh Judiciary
towards the use of ICT systems. However, the UNDP JUST project provided a 12-day long ICT training
to 40 Judges and core officials of the Dhaka Judge Court, including 30 Judges, which culminated in the
award of certificates to judges. The training imparted knowledge on case file management, PowerPoint
presentation, incorporation of case data into cause list, Internet use along with basic computer and
hardware applications. The award ceremony was attended by Justice Md. Muzammel Hossain,
Honourable Chief Justice of Bangladesh himself, thus conveying commitment at the topmost levels of
the judiciary for any effort to harness ICT in the judicial system[11].
ICM Court Management Program (CMP) & ICM Fellow Certification Models in US
The Institute for Court Management (ICM) provides training and education programs to improve public service in
America’s state courts. The ICM has traditionally pursued 3 basic objectives: (a) to increase, store, and disseminate
knowledge on effective and efficient court management; (b) to develop the profession of court management; and (c) to
improve, through court management, popular satisfaction with the administration of justice[38].
Universally recognized for quality curricula and customer service, ICM offers professional development opportunities to
judges, court executives, administrators, managers, and court staff through course offerings that support change in the
courts. Attendees improve decision making through use of critical thinking skills and in using data, communicate an
understanding of issues facing the courts, and increase productivity through improved competence and confidence.
ICM offers 3 levels of certificates: (1) Certified Court Manager (CCM), (2) Certified Court Executive (CCE), and (3) ICM
Fellow. ICM programs empower court leaders through a variety of delivery options. The objective of Court Management
Program (CMP) is to educate court managers in the core competencies of court administration with two levels of CMP
The most basic course for a Certified Court Manager has, for example, the following courses as an integral component
and includes technology as a key lever of court administration.
Purposes and Responsibilities of Courts;
Fundamental Issues of Caseflow Management;
Court Performance Standards: CourTools;
Managing Court Financial Resources;
Managing Human Resources; and
Managing Technology Projects & Technology Resources.
Change Management critical in the eCourts Strategy of the Supreme Court of India
The Action Plan for Phase II of the eCourts strategy of the Supreme Court of India acknowledges that the introduction of
new technological modes of working require not only the training of users but also the attuning of their mindset. This
aspect of mindset change and attitudinal orientation is central to the Change Management interventions recommended
by the eCommittee to the Supreme Court of India in seamless continuation of the same in Phase I of the strategy. Phase
II of the Project will cover Judicial Officers, Court Staff, Lawyers, Public Prosecutors etc. to attain a holistic shift in mindset
addressing the resistance to computerization issues due to some mental block.
Among other things, Judicial Officers and Court Officials will need to be trained to appreciate and manage electronic
evidence. Training exercise may consist of a component to promote awareness about this aspect amongst the officials.
Moreover, as Courts have not all framed rules with regard to preservation of electronic evidence and its validity in Court
proceedings, the strategy recommends that the entire gamut of electronic evidence, its preservation and evidentiary value
be studied by team of professionals, who may, if necessary, recommend changes to the Indian Evidence Act, 1872[39].
Participation and Awareness at the core of the European e-Justice Strategy, 2014-18
The Strategy on European e-Justice (2014-2018) defines general principles and objectives of European e-Justice and
sets out general guidelines for the establishment of a new multiannual European Action Plan on e-Justice that will aim at
improving the overall functioning of e-Justice systems in Member States and at the European level. The Strategy gives
special attention to achieving the broadest possible participation base to ensure meeting users' expectations, long-term
viability and cost-efficiency of projects identified as part of the strategy. Specifically, this includes that,
The European e-Justice Portal would be key in the delivery of e-Justice at European level.
Projects developed must involve all Member States who should be encouraged to participate on a voluntary basis.
The Member States' judiciary and legal practitioners (lawyers, notaries and judicial officers) should be involved in
future discussions in the area of e-Justice to ensure that solutions developed correspond to the actual needs of target
groups. Such an arrangement would allow a direct contact to discuss issues of common interest and to raise
awareness of the latest developments in the area of e-Justice.
An annual meeting with representatives of judiciary and legal practitioners will be organised to allow a regular
exchange of views with these target groups of professionals. Close cooperation with European Judicial Networks
should continue[40].
Awareness Programmes and Initiatives central to eCourts Strategy of Supreme Court of India
The Action Plan for Phase II of the eCourts strategy developed by the Supreme Court of India identifies awareness
programmes and initiatives to be taken up for litigants and citizens at large to spread the information about the new
modes of services and methods made available in electronic mode by the eCourts Project. The emphasis of the initiatives
will be to make all concerned aware about benefits in store for all in the computerization of Courts and also the overall
well-being of society due computerization of Courts[39].
Malaysia, a middle income, multi-ethnic, multi-cultural, multi-linguistic country with a parliamentary democracy
and following the Westminster model of governance with a written federal constitution follows common law
procedures. Three other sources of law are written law, customary law, and Islamic or Syariah law. The English
common law was formally adopted in 1956 and further developed in accord with local circumstances[21].
The federal courts, operating nationally, are organized as a single unitary system with the Federal Court and the
Court of Appeal seated in the Federal Government Administrative Centre, Putrajaya. Two High Courts –for
Western Malaysia and for Sabah and Sarawak – form the next tier and are referred to as superior courts, and its
judges are appointed by mechanisms different from those for the subordinate courts.
The Judiciary suffered nearly two decades of declining performance and decreasing public confidence, when
cases took unpredictable lengths of time to resolve, depending on the judge who operated in relative isolation,
leading to considerable variation even in how cases were processed, and an often disorganized management of
internal administration. Common complaints included politicization of appointments and decisions, corruption,
inefficiency, delays, disorganization, inadequate and usually unreliable performance statistics or even counts of
pending cases, arbitrary and unpredictable decisions, disorganized filing “systems”, and a generally poor public
image.
Following on earlier efforts that were largely piecemeal and local, emerging more from individual zeal than any
organisational strategy, the Judiciary, in 2008 led by the Chief Justice of Malaysia, decided to transform things
radically by using techniques that could be applied system-wide such as inventory of pending cases,
reorganization of the filing system, and targets for closing or processing the oldest files and the like. The idea
was that by the time automation came on line, the number of pending cases to be dealt with was much reduced
and the courts finally had an accurate manual registry of all their caseloads.
1. MAKING AN INVENTORY: The preparation of an inventory of cases held in courtroom files throughout the
country was an essential first step in any delay and backlog reduction program. Typically as in this case this
is resisted because it is considered boring, time consuming, and erroneously believed to fetch best results
when it follows introduction of automated systems.
2. CLASSIFYING AND PURGING THE OLD CASES: The next step was to purge “closed cases” and separate
inactive (“hibernating”) cases from the remaining. The inactive cases were treated for rapid closure or further
processing with targets for the elimination of older cases (initially termination of all cases over a year old by
end of 2011). The manual archive system was restructured and revived to make archived files more easily
retrievable and avoid any loss. Cards and checkout lists were used to improve the courtroom filing system.
3. INTRODUCTION OF CASE MANAGEMENT AND TRACKING SYSTEMS: Pre-trial processing and tracking
to advance backlog reduction process was adopted along with a reorganization of High Court judges and
staff in the target districts with “Managing Judges” (reporting directly to Chief Justice) to oversee the
exercise. Case tracking meant dividing cases into categories for separate treatment based on anticipated
amount of work or type of treatment they will require. For example, civil matters would have 2 types of cases
– those requiring oral evidence (full trials), and those involving only revision of documents (trial by affidavit).
In the reform programme staff from the judicial service assigned cases to judges on behalf of the Managing
Judge, scheduled hearings and trials, and generally tracked performance. The staff attached to the
4. COURT RECORDING AND TRANSCRIPTION SYSTEM: For most of the courts in West Malaysia Court
Recording and Transcription System (CRT) was used with contracts covering the creation of a Case
Management Information System (CMIS) and a Court Recording and Transcription System (CRT). The CRT
was done first and will result in the delivery of audiovisual systems for recording hearings to courtrooms. The
rationale behind this activity was the delay caused by judges having to take notes on proceedings which
would become the official record of their content.
However, in criminal cases the law still requires the courts to provide written transcripts to the attorneys
(meaning that the audio-video recordings must later be transcribed by court staff). The recording system is
nearly fully automatic and is operated by ordinary courtroom staff and does not need a special technician.
The judges are of the opinion that the CRT allowed them to conduct hearings and trials much more rapidly.
For large distances in Sabah Sarawak, some hearings and witnesses’ testimony are done by video
conferencing too. In West Malaysia, there are on-going experiments with teleconferencing to handle some
pretrial matters. This avoids having parties and their attorneys go to the courts for relatively simple hearings.
Most of this is not covered under the IT contracts but rather is a separate initiative of the courts.
An electronic queuing system intended to facilitate holding of hearings by registering arrival of attorneys, on
the day the event is scheduled and letting them know where they stand in the queue. Once registered at the
court, they can also leave and call in using SMS or texting from their mobile phones to verify the time they
must return for the hearing. The Malaysian version is especially sophisticated because of the combination of
electronic scheduling with the attorney’s registry of their presence.
For those bringing their filings directly to the court, the process will still be more agile, but data will have to be
entered and documents scanned by the court staff. E-filers will also be able to pay their fees by internet
using a credit card. Whether e-filed or physically delivered to the courts, the case file will be electronic and
paper copies of documents will no longer be retained.
7. CREATION OF NEW COURTS (SPECIALIZED HIGH COURT DIVISIONS) IN TARGET DISTRICTS: For
recent cases two new courts were created- New Commercial Courts (NCC) and then New Civil Courts
(NCvC) which were to receive only cases filed after their creation. The system of tracks was no longer felt
Supportive Measures
In addition to the above the following supportive measures were also adopted[21]:
a) Through court directives lawyers were given strict timeframes for provision of documents essential to
decisions on both affidavit and full trial cases.
b) The staff attached to the MJUs have taken a more systematic approach to (i) assigning cases to judges; (ii)
scheduling hearings and other events; and (iii) setting and tracking performance targets.
c) The Judiciary has also evened out irritating delays caused by the differing requirements by judges and their
staff as regards ordinary filings. Standardized forms have been introduced.
d) Judges were encouraged to write shorter opinions which would help them meet targets allocated.
e) Through modification of rules the courts have streamlined pre-trial case management activities to ensure that
pre-trial preparation moves rapidly and that lawyers do not arrive on the day of a pre-trial audience, hearing
or trial with another request for more time.
f) Further changes contemplated to be implemented include:
Adoption of plea bargaining for criminal cases;
Simplification of introduction of evidence for criminal cases – in essence the admissibility of written
documents for the evidence-in-chief (initial witness testimony) as already allowed in civil cases
further simplification of the High/Subordinate Court Rules to increase efficiency and make for a new
“friendlier” court procedure;
Increase in jurisdiction of session and magistrate courts to reduce case volume in the High Courts;
Encouraging mediation as a form of pre-trial settlement;
Earlier starting hours for the courts; and
Escorting of defendants to hearings by prison staff.
Box 3 Court Backlog and Delay Reduction Programme in Malaysia
Whereas, the first two approaches have aimed at reducing the complexity of the system BEFORE trying
to implement technology, in the third approach, effort is centred on translating ALL the complexity of
the paper based procedures in to the electronic ones. Predictably, successful examples come from the
first two approaches while, except for the Austrian case, efforts have been less so in the third[6].
B. PROCEDURE SIMPLIFICATION
Whereas in the first approach, effort was made to select relatively simple components of the system for
online transactions, this approach is directed towards simplifying the complexity of the rules and
procedures that concern the document exchange before embarking on computerisation.
This system is used by professionals and organisations that file large numbers of applications for
summonses, such as collection agencies, because the party must acquire or develop, at its own cost,
software for the compilation of application records that meet the set format criteria. The file format
descriptions are available at the Ministry of Justice. As a consequence, this kind of electronic filing is
normally used for simple (and undisputed) summary debt collection cases.
C. ON-LINE PROCEEDINGS
Given the technical, organisational and normative complexity of the systems needed for full on-line
proceedings, it is essential that systems are planned in cooperation with users and other public or
private agencies. The Austrian implementation effort, for example, seems to have been directed in this
Less than successful efforts in the Italian Civil Trial On-line system
The Italian Civil Trial On-line system aims at reproducing traditional paper-based civil procedures, as defined by law, in
an electronic medium. The system allows the on-line consultation of case status, court clerks’ registers, as well as relevant
jurisprudence. Digital signature, PKI, certified mail and a number of other requirements are thought to be essential for
security and reliability of data interchange. The use of such technology should allow an exact electronic replica of the
traditional paper based requirements.
However, problems surface regularly with judges not using the system for writing sentences, as well as private enterprises
that should develop the software through which the lawyers should access the On-line Civil Trial not being able to do so
with the data provided by the Ministry of Justice. The effort to perfect reproduction of the traditional formal procedures
has not worked out. The change is also affecting the nature of the relationship between the court and the network of
actors with which it interacts. For example, lawyers directly interact with the court registers, input data, and search for
information. The complexity of creating an exact electronic replica of paper based system has become a challenge[6].
IVR Mobile App JUST Kiosk PC Practice Mgmt. Solution Mobile App PC
Integration Layer SMS Gateway Payment Gateway Service Bus- Oth Apps
Data Layer Litigant Data Case Data Lawyer Data Doc Repository Other Data
EDR: Electronic Data Room; SKC: Stakeholder Communications Platform; EFS: Electronic Filing Solution; CMS: Case Management Solution; CRT: Court Recording
and Transcription Solutions; ANL: Case Management Analytics; CQS: Calendaring and Queueing Solution; ANS: Alerts and Notifications Solution; HMS: Human
Resource Management Solution; FMS: Financial Management Solution; AMS: Asset Management Solution; CGS: Complaints and Grievances Solution
Table 3 brings out some core functionalities that must at a minimum be addressed through the eJustice
system as seen from the perspective of the stakeholders mentioned above[41]:
Figure 4 brings out a multi-layered application view of the eJustice system. In line with discussions
presented earlier in the document, and in consultations with stakeholders, the following brings out the
minimum functionality the eJustice system in Bangladesh should be able to meet.
Specific Functionalities
A. Electronic Filing System
The Electronic Filing System (or EFS), the first step of case initiation, resulting in the creation of an
electronic case file, will be the electronic platform for filing and service of documents within the litigation
process over the Internet7. It will work as a tool to minimise not just the physical movement of people
and paper court documents from litigants/lawyers to the Courts, but also to leverage the benefits of
electronic storage within Courts: i.e. faster document filing and retrieval, eradication of the
misplacement of case files, concurrent access to view the same case filed by different parties, etc[42].
The EFS will allow electronic documents to be automatically routed to the appropriate registry staff for
processing, further routing (if required) for approvals, and a reply being sent out by the Registry staff
back to the originating litigant/lawyer. Fees payable for filing documents to Court are calculated and
charged automatically by the EFS through the payment gateway module. The EFS will provide to the
litigants/lawyers an electronic case file showing hearing dates and documents filed by them, served on
them or received from the Courts. It also provides an electronic platform for the service of documents
on other litigants/lawyers. The EFS must include a speedy due diligence of documents electronically
and the ability to request for and receive electronic extracts of documents via the Internet.
6
For example, with registration authorities of businesses, lawyers, civil identity, marriage, land, property, vehicle etc to provide
diligence checks on identity.
7
For the convenience of law firms for whom the volume of documents to be uploaded at any instance may be large the system
should preferably provide a mechanism by which lawyers should be able to prepare their documents offline and then upload the
same in batches (“batch filing”).
8
The concept of filing envisages the filing of information as against the filing of documents. Pleadings, affidavits and other
documents generated in the course of litigation would be filed as textual information through pre-agreed templates. This will
facilitate search and discovery functions[17].
The Case Management System (CMS) will support caseflow management through automation and will
offer functionalities to effectively track the status of cases and their position in the court process, support
the development of caseload and workload statistics and management reports, and monitor case
processes. The CMS will also provide judges with the information needed to control timely processing
and produce a complete and reliable case record. Minimum functionalities associated with this will
include, though not be limited to[20]:
Controlling data and defining standardised electronic, paper, and other media input to case records
by providing control over the format and content of forms that have to be entered into valid and
complete court records, ensuring uniformity of the data elements entered into the CMS and
ultimately the completeness of the record.
Assigning numerical identifiers to the case by entering the case into the index by number, date of
filing, or names of parties; and by creating a folder located in the record system.
Managing case processing and record updating thereby allowing for the case’s status and progress
to be traced and delays to be detected. This will provide judges and court staff with an overview of
activity in each case, help in maintaining control over cases, and provide for transparency and
external accountability.
The system will also ensure that the case history is entered at the conclusion of a case, and that it
is archived as a closed case subject to archiving rules agreed upon.
The following should be minimum requirements that deployed courtroom technologies must offer[17]:
The technology system in the courts should equip lawyers with tools for refinement of cases in court.
All relevant material that lawyers have worked on, including documents in the EDR, should be made
available in court.
Audio recording should be exploited to ease the burden of judicial staff's manually recording
proceedings. Official record of proceedings may be done by way of an audio recording, with a
transcript, including real-time transcripts, made available upon payment of a fee to interested parties.
Video-conferencing should be possible for remote hearing purposes.
Judges should have the facility to make references to electronic evidence, to make notes, and to
associate the two when necessary. This tool should be available as they review the evidence at the
end of each day/trial. The judge’s or judicial officer’s tool should be capable of pulling together
transcripts of evidence, electronic evidence, the judge’s or judicial officer’s personal notes, and case
materials like pleadings and submissions.
The system should also be able to capture annotations made by witnesses on both physical and
electronic documents and store the same electronically as part of the court electronic record.
Case Management Analytics (ANL), also referred to as the decision support system for the judges will,
among other things, provide statistics or other court management information on the size and nature of
The Calendaring and Queueing System (CQS) will include tools to facilitate calendaring and scheduling
for case events, such as hearings and other tasks, sending out notices to relevant parties or attorneys
ensuring efficient use of time by judges, attorneys, and all parties involved. By extension the CQS will
also announce court events, and also indicate judicial assignments and allocate courtrooms through a
queueing system. System-driven randomised judicial assignments will help to assure fairness and build
public trust in the court system.
Once the case has been registered and the first notice has been served, the calendaring function must
automatically generate a schedule of dates for the completion of key steps in the litigation process
according to the courts’ timelines for case disposal[17] (based on categorisation of cases and
standardised timeframes allocated by the court for the respective categories). For example, deadlines
for pleadings, expected pre-trial conference dates, etc., must be automatically generated from the
system. The system should also allow flexibility for dates to be decided within the standards set with
appropriate approvals, for example by allowing lawyers to choose from within a set of recommended
dates by the standardised system adopted by the courts. From the dates thus set the system should be
able to generate different views of the calendar (for example, for a lawyer, court, case etc).
The eJustice system should be rich with alerts and notification provided to its users at least a specified
time in advance for various events, milestones and activities required to be performed through
messages delivered over various platforms and devices, for example, text messages on mobile phones,
electronic mails, system alerts etc. Typically these should remind the recipient of such alerts till such
time that these are acknowledged and disposed of. While by default these would be issued on a blanket
basis for all such events in sync with calendaring sub-system, it should allow the user to configure alerts
that they get (omitting the ones that they select while retaining the remaining).
The Complaints and Grievances function of eJustice is one that is focused predominantly on service
delivery aspects to end users. This functionality must not only suo moto identify where an
underperformance or a breach of service delivery has taken place from what was promised but it should
also extend an opportunity to the end user to bring such deviations to the notice of a competent authority
identified for the purpose. The sub-system must then be able to categorise the particular breach into
one of the pre-defined categories (of breach of service delivery norms/standards) and be able to
suggest remedies to the competent authority. This sub-system should also be able to record the
redressal extended to the complaint and close the case.
Under the umbrella of shared systems are included those functionalities that the eJustice system will
have in common with other arms of the government, as well as shared gateways/interfaces provided to
other third party applications within and outside of the GoBD.
In the former category are included sub-systems for Human Resource Management (employee rolls,
salaries, performance appraisals etc), Assets Management (details of the inventory held by the courts
and their associated facilities), financial management (expenditure accounting, budgeting, tracking,
collecting and accounting for filing fees, revenue accounting, and accounts receivable). As these are
standard functionalities having relevance to all agencies of the government, these are not being
elaborated here.
In the second category are included (a) payment gateways (for interfaces to third party systems that
enable electronic payments including through credit/debit cards, electronic clearance services, mobile
money, eWallet systems etc): (b) gateways to mobile service providers for bulk or targeted delivery of
5. DATA STANDARDISATION: Following functional and process standardisation all data elements
invoked in the processes must be standardised not just in their description but in their
representation too. A metadata repository for the Justice sector must be in place. As a related
recommendation, all documents captured in the system must be appropriately classified and
template-based entry of information related to the documents must be made into the database for
the eJustice system to truly transform from a document-centric to a data-centric one.
6. LEGAL INTERVENTIONS: For changes introduced through process re-engineering and adoption
of ICT to enjoy legal sanction and thus be effective leading to people adopting it, it is important that
concomitant legal refinements also be made for the newly introduced changes to have their basis
in law. Since the basic set of e-Laws (such as eTransactions, eEvidence, Data Protection etc) are
7. TECHNOLOGY SOLUTIONS: As against the current set up when only the cause list is being
rendered electronically and a few value-added queries on the database are possible on the web,
the envisioned scenario must include an end-to-end computerisation of the activities of the
Judiciary; therefore, technology solutions conceptualised must take into account the complete set
of judicial and administrative processes with case management as the backbone of the complete
eJustice suite. The case management solution must be built using caseflow management
techniques to facilitate case-tacking, ensure that cases move through efficiently and provide
information to allocate time and resources based on case requirements. Furthermore, following
process standardisation the same solution would be applicable for the Supreme Courts as for the
lower courts for the same functions. An illustrative view of the solution has already been provided
in Figure 4. Solutions must be developed using non-proprietary standards and served over the
Internet either on the computer or over mobile devices. Taken in conjunction, standardisation of
process, data and technology will ensure interoperability among different solution components of
the eJustice suite and prepare the ground for a latter-day exchange between eJustice and the
external world.
8. MULTI-CHANNEL AND MULTI-DEVICE DELIVERY: Solutions offered must take into account the
need and circumstance of the targeted user. Users would need to be segmented appropriately to
determine the best channel/device for them to access eJustice components. It should be possible
to seamlessly move from one channel to another at any stage of the process chain or service.
Therefore, the solution should be available for multiple devices and channels, particularly over
mobile devices whose penetration is far higher compared to the PC’s. Value-added features like
queries or simple information should be available through innovative mobile applications to
maximise convenience for litigants and lawyers alike. Most importantly, mobile-delivered solutions
should be such as to be available over basic mobile phones, not necessarily smartphones. USSD-
based mobile apps should be particularly encouraged. As a point of access e@syJUSTICE kiosks
are also recommended that should be appropriately branded for better awareness and recall.
10. CAPACITY BUILDING: An earlier effort at introducing computerisation in the Judiciary did not meet
desired levels of success and the usage soon languished. Capacity building linked to the specific
roles being performed by the different stakeholders should be continually pursued so that not just
ICT in general but also the use of the eJustice system in particular is internalised. Incentives and
disincentives for both the internal and external users should be institutionalised to act as further
fillip to stakeholders to use the system.
11. AWARENESS AND OUTREACH; A concerted and sustained awareness and outreach campaign
must be carried out in accordance with a plan drawn for the purpose (as against being done in a
piecemeal manner). The campaign must drive home the usefulness of ICTs including mobile
phones and of the eJustice system, as well as the latest developments in the same. Based on the
12. GOVERNANCE MECHANISMS: It is not just important to develop standards but also to govern
their implementation so that the same are followed as intended. Guidelines are envisaged at the
level of process, data and technical interoperability, service delivery, security, record-keeping etc.
Voluntary disclosures or reports declaring compliance (or otherwise) is recommended as is suo
moto checks on compliance by field visits by the authorised and empowered staff. Incentives or
disincentives must also be offered for those complying or in breach.
13. INSTITUTIONAL SUPPORT: An institutional structure must be installed to drive the ICT agenda
in the Judiciary, complete with roles to different constituent units and individuals. The entity should
be formally recognised with necessary powers etc. This structure must be as multi-sectoral and
multi-stakeholder as appropriate at the right levels in the right roles. If this institutional structure
finds it difficult to be set up timely an implementation structure with the same requirements must
be setup for implementation to take place. In this case the transition to the institutional structure
should be as smooth as possible. The implementation mechanism must outline role allocations
and responsibility clearly and unambiguously so that implementers know that, in the event of
shortfall, they would be held responsible. In both dispensations (the implementation and the
institutional structure) members of the Judiciary must be at the most critical decision-making levels.
The involvement of the Chief Justice of Bangladesh, whether in a direct or indirect capacity, must
be sought.
THEME 1
BANGLADESH E-JUSTICE VISION
THEME 2
THEME 3
THEME 4
THEME N
For each of the tracks above the approach explained below has been followed (Figure 6).
Benchmarking of Interventions
Following a comprehensive current state assessment of the state of eJustice in Bangladesh, a Best
Practices Review of activities and benchmarking was undertaken which could potentially lead either to
“enhancement” of existing interventions or an “expansion” of the same. Whereas
With the above as a background, the following constitutes the strategic framework:
The strategic elements that to be used will be (top-down) Vision Strategic Themes Strategy
Strategic Interventions Workplan.
The Vision will be realised through interventions in several themes each of which shall be associated
with a GOAL to measure the “Impact”. Taken together the Goals characterise the eJustice Vision.
Every theme will be realised through one or more strategies or ways to achieve the GOALS of the
theme with the realisation of every strategy being identified with an “Outcome”.
Every such strategy will be realised through one or more strategic interventions each of which will
be operational within pre-defined timeframes and will be associated with tangible “Outputs”.
Finally, the Workplan will provide the template through which all the projects will be implemented
and will include Timeplan, Manpower Resource Requirements, Institutional Support, Budgets,
Infrastructure, Partnerships etc
Theme 1
Element
including
VISION
Intervention A3
STRATEGY “B” • Timeplan
• Resource
STRATEGY “C” Reqmts
• Institutional
Theme 2 Support
• Budgets
• Infrastructure
Envisioned
Scenario
Target for
Vision
Further, while the composite interplay of the 11 strategies mentioned above will completely cover the
eJustice implementation landscape, it should be borne in mind that the strategy “M” involves monitoring
of activities related to the other strategies and is inherently transcendental in nature as this oversees
the implementation of all the other remaining strategies. It will therefore be prudent to consider strategy
“M” as external to the set of strategies that need to be implemented. Details of implementation of this
strategy are spelt out in a separate section of the next chapter on “Monitoring and Evaluation of eJustice
Implementation”
In light of the above, the synthesis of strategies to be implemented is made up by ten strategies as
illustrated in Figure 9.
Standardise all process, data, service S1: Capture and standardise the complete functional, sub-
delivery and technology elements functional and process thesaurus/ composition for
with a view to bring about accurate Bangladesh judiciary
and complete information exchange S2: Standardise definition/ representation of judicial data
and retrieval (Strategy S) elements towards designing the complete metadata
repository for Bangladesh Judiciary
In line with the strategic framework, every strategy is associated with a set of objectives and is linked
to one or more outcomes whereas an interventions involves the production of outputs and are executed
within specific timeframes detailed in the Action Plan provided in this document. Further, for every
intervention entities entrusted with its implementation are also provided.
With rising citizen expectations, the importance of judicial access and service delivery mounts too.
A key determinant of sustained success in a well-developed eJustice framework is the ability of
multiple agencies within and beyond the Justice sector to seamlessly share and integrate
information. Although, traditionally, technical interoperability has been considered to sufficiently
take care of these aspects, recent trends indicate that such an approach would be inadequate in
meeting the requirements of integrated service delivery from a whole-of-Judiciary perspective.
Greater effectiveness and efficiency in service delivery, it is felt, can be brought about by adopting
at least the following practices:
Aligning and standardizing functions of the Judiciary with its objectives and, downstream, by
aligning and standardizing organisation designs and structures with the different roles that need
to be performed for processes related to the said functions; and
Aligning and standardizing processes and information assets across judicial entities with the
overall idea to re-use them (and thereby, the applications that run them) and thus avoid
unnecessary cost increase;
2. Strategic Objectives
In line with the above context the following are the objectives to be realised for this strategy:
to arrive at a set of templates, frameworks and guidelines that will lend consistency and
standardisation to all eJustice efforts of Bangladesh;
to collaboratively finalise a set of standards and guidelines to define, describe and represent
logical entities in the three areas of processes, information assets and technology resources
with a view to maximizing their reuse and interoperation from a whole-of-Judiciary perspective
and later to a whole-of-Government view;
to ensure that such standards and guidelines are aligned with what obtains internationally as
recommended by global standards bodies and/or is the common practice of leading
eGovernment nations of the world;
to finalise and disseminate a set of service delivery parameters and their associated targets to
serve as common guidelines to service providers and consumers alike in an effort to bridge the
gap between citizen expectations and delivery; and
to pursue progressive implementation of such standards and guidelines in the three areas in as
loosely coupled manner as is practicable.
Table 6 brings out a list of strategic interventions to be implemented, their outputs and
implementation responsibilities.
Table 6 Interventions, Outputs and Implementation Responsibilities for Strategy S
9
Please refer to the section on institutional framework for more details on the Workgroup.
4. Measurement Indicators
Table 7 brings out a list of output indicators with which to measure the progress of implementation
of the individual interventions.
Table 7 Measurement Indicators for Interventions under Strategy S
S1: Capture and standardise the Constitution of the Team for this intervention;
complete functional, sub- Extent of multi-stakeholder representation in team;
functional and process Swiftness with which requirements are
thesaurus/composition for recommended and the same adopted;
Bangladesh judiciary and Extent of coverage of functions, processes of the
standardise process total possible; and
representation Promptness with which recommended amendments
are enacted and/or passed.
S2: Standardise definition/ Constitution of the Team for this intervention;
representation of judicial data Extent of multi-stakeholder representation in team;
elements towards designing Swiftness with requirements are recommended and
the complete metadata the same adopted;
repository for Bangladesh Extent of coverage of data elements of the total
Judiciary possible; and
Promptness with which recommended amendments
are enacted and/or passed.
S3: Define and finalise the Constitution of the Team for this intervention;
complete technical Extent of multi-stakeholder representation in team;
It is widely believed that real gains resulting from the introduction of ICT into the operations of
judicial agencies (namely internal efficiencies, better customer service to litigants and lawyers,
higher accountability and transparency in judicial processes etc.) cannot happen if this effort is
seen only as a problem of automation and implementation of modern technology. Research
indicates that the reason for a widespread failure of eGovernment in developing/transitional
countries in general has been the failure to undertake and internalize process refinement and other
attendant changes. Recent research also suggests that before putting in place technology systems
back office processes should be changed with Business Process Re-engineering (BPR)10.
Transformation projects in public services provision revolve around ICT infusion and BPR is a
methodology to redesign taking advantages of ICT capabilities.
2. Strategic Objectives
In line with the above context the following are the objectives to be realised for this strategy:
to ensure that functions for the different units of the Judiciary are defined unambiguously so as
not to lead to any conflict or confusion among them;
to ensure that the definition of roles and responsibilities of different business units are made
known as completely as is possible to citizens to increase accountability and transparency;
10
Hammer and Champy, considered the originators of the term, define Business Process Re-engineering as the fundamental
rethinking and radical redesign of business processes to achieve dramatic improvements in critical contemporary modern
measures of performance, such as cost, quality, service, and speed[50].
Intervention Implementation
Intervention Name Brief Description
Output(s) Responsibilities
B1: Adopt BPMN As BPMN (www.bpmn.org) is eJustice Team to be
as a process by far the global standard Standard appointed by
representationadopted to describe Process eJustice
standard and processes, this exercise aims Representation Foundational
undertake at adopting BPM as a process Standard Support Workgroup
comprehensive representation standard, if including a
BPR of all civil,
required with amendments description of
criminal, other
that will make it suitable for the same.
judicial and eJustice requirements. Based
administrativeon the standard this exercise Digitally-enabled
processes of aims at a comprehensive Business
the Judiciary Business Process Re- Process
engineering of all judicial and Handbook for
administrative processes the Judiciary in
except those that are shared Bangladesh.
and are same as that followed
in other government entities
(for example, process related
to personnel management).
This process re-engineering
exercise has to derive its
process from the process
dictionary/ repository exercise
taken up as part of Strategy S
so as to attain the enterprise
view at every stage11.
4. Measurement Indicators
Table 9 brings out a list of output indicators with which to measure the progress of implementation
of the individual interventions.
11
However, the Action Plan suggested makes the linkage to interventions under Strategy S loosely coupled. That is to say,
that, if for some reason, the interventions under Strategy S appear to be facing insurmountable hurdles in their completion,
interventions under Strategy B will proceed regardless. Discretion to make this judgment lies with the CEO of the National
eJustice Office proposed as part of the institutional framework under Strategy “I”.
Strategy L: Build a robust legal and regulatory foundation for the introduced
changes to take effect and help the transition towards paperless
judiciary
For laying a strong foundation, few other interventions can fulfil requirements as would a supporting
legal and regulatory framework. In fact, all efforts at standardisation and re-engineering of process
and data elements followed by technology enablement will come to nought if these were treated
as mere conveniences and did not have a basis in a supportive legal framework. In such an event,
inevitably, the electronic means of conducting judiciary's business will need to process concurrently
with its manual counterpart thus defeating a very key objective of ICT adoption. This strategy,
therefore, aims at allaying such possibilities.
2. Strategic Objectives
In line with the above context the following are the objectives to be realised for this strategy:
to propose an enabling legal framework for eJustice that is consistent with Bangladesh's
constitutional provisions, the legislative and regulatory environment, is tuned to eJustice's
requirements, and is in keeping with international best practices of this area; and
to bring into effect such orders, directives, rules and regulations that will serve as instruments
of enforcement on officials across judicial agencies of Bangladesh for practices required to be
followed in order that desired outcomes from ICT adoption are realised.
Table 10 brings out a list of strategic interventions to be implemented, their outputs and
implementation responsibilities.
Intervention Implementation
Intervention Name Brief Description
Output(s) Responsibilities
L1: Finalise legal This sole intervention under Draft Team to be
amendments this strategy will recommend amendments appointed by
and regulatory draft legal and regulatory to existing eJustice
interventions changes in existing laws, laws, rules, Foundational
for process directives, rules etc for the directives, Support Workgroup
changes same to be formally adopted circulars etc
introduced in and enacted/passed so that New
the strategy to the changes introduced directives,
take effect through the adoption of ICT rules,
will have legal recognition and circulars as
can be enforced. The following required after
steps are envisaged as part of study
this intervention:
Preparation and adoption
of a Terms of Reference
for this exercise
Constitution of the
Workgroup entrusted with
this effort (see right)
Proposed draft
amendments
Enactment and/or passage
of proposed draft
amendment
Information dissemination
of the same
4. Measurement Indicators
Table 11 brings out a list of output indicators with which to measure the progress of implementation
of the individual interventions.
Table 11 Measurement Indicators for Interventions under Strategy L
Making available appropriate technology solution and using technology infrastructure elements
that exist to make this possible lie at the very core of eJustice efforts since, one way or the other,
all elements of eJustice agreed upon under other strategies will eventually be made available to
stakeholders using ICT resources, be they ICT applications or infrastructure components.
Therefore, whereas the other strategies focus on arriving at common standards, guidelines,
principles and protocols, or prepare human capacities and install the appropriate policy and
institutional infrastructure on which eJustice would take place, this strategy concentrates on
providing the technical wherewithal necessary for making eJustice possible.
2. Strategic Objectives
In line with the above context the following are the objectives to be realised for this strategy:
to use ICT to bring about user-centric service delivery from whole-of-Judiciary perspective
regardless of the type, location and mandate of the court in question;
to exploit ICT to bring about higher levels of internal efficiency and effectiveness in the internal
operations of the Judiciary and its constituent entities;
to make available technology platforms for communication among different stakeholder groups
thus circumventing the need to be physical present at the place of interaction;
to make available raw and processed data in appropriate formats to decision-makers that will
help them make informed choices on the course of the Judiciary; and
to investigate and exploit the potential of Open Data in the Justice sector in a bid to infuse
transparency even as it provides data seekers to profitably use such data for their own socio-
commercial requirements.
Table 12 brings out a list of strategic interventions to be implemented, their outputs and
implementation responsibilities.
Table 12 Interventions, Outputs and Implementation Responsibilities for Strategy T
4. Measurement Indicators
Table 13 brings out a list of output indicators with which to measure the progress of implementation
of the individual interventions.
Table 13 Measurement Indicators for Interventions under Strategy T
T1: Prepare the complete Swiftness in drafting of the Terms of Reference for
functional, technical and the exercise and appointing an appropriate team to
operational design of the accomplish the task
complete case-centric Constitution of the Team for this intervention
eJustice solutions Extent of continued and sustained stakeholder
representation achieved
Extent to which BPR recommendations are
incorporated in the solution
Extent of coverage of Judiciary’s operations in the
technical design
Number of channels and devices considered
Extent to which stakeholders have been able to
comprehend the design
Timeliness of acceptance of deliverables and
dissemination among a wider group of stakeholder
entities
T2: Develop and Deploy on a pilot Swiftness in selecting the pilot location and making
basis Phase I of case-centric facilities available for the exercise
eJustice solutions Constitution of the Team for this intervention
Extent of continued and sustained stakeholder
representation achieved
Extent of data on which testing is performed
Extent of adherence to test cases and other
requirements provided for in the technical design
Number of channels and devices over which
services operationalised
Extent of stakeholder interest in pilot
operationalization
Timeliness with which pilot is declared successful for
the subsequent roll-out
T3: Roll out Phase I across Swiftness in making facilities available at the other
Bangladesh Judiciary locations for the roll-out
Constitution of the Team for this intervention
Research indicates that more often than not the end-to-end provision of public services often
involves seeking services from multiple government agencies and/or multiple entities within the
same agency. A basic tenet of citizen convenience is that he/she must not be required to know
exactly which agency is providing which component of the service. One-stop shops fulfil this
requirement by proving all information and services over a single-window to the citizen.
Trends also indicate that mobile penetration rates are going up at rates significantly faster than
that of PC or Internet penetration. As mobiles become more capable of performing functions
beyond their traditional uses, connectivity rates fall even as coverage expands and greater number
of people access Internet over these devices, multi-channel and multi-device delivery of services
based on the need and circumstance of the targeted end-user should be practised. This strategy
aims at realising interventions that include the provision of one-stop shops and will lay out a
framework of multi-channel and multi-device service provision.
2. Strategic Objectives
In line with the above context the following are the objectives to be realised for this strategy:
to increase convenience of the service seeker through provision of one-stop-shops as a single
window for Judiciary, to access all judicial information and services appropriately categorised
and presented; and
to provide integrated public services to consumers according to the needs and circumstances
of the target consumer segments through user-friendly applications on appropriate channels
and devices.
Table 14 brings out a list of strategic interventions to be implemented, their outputs and
implementation responsibilities.
Intervention Implementation
Intervention Name Brief Description
Output(s) Responsibilities
A1: Develop the This exercise will finalise Guidelines for Team to be
complete multi- guidelines to agencies provision of Multi- appointed by
channel service while they set out Channel and eJustice Service
delivery associating services and Multi-Device Delivery
framework for the service components with eJustice services Workgroup
judiciary in channels/devices over
Bangladesh which they are to be
provided. The Multi-
Channel framework will
result in recommending
appropriate channels/
devices for service delivery
taking into account both
citizen needs and
circumstances. The
framework, while taking into
account stakeholder
segmentation, should
enable service seekers to
switch seamlessly from one
channel/device to another
for the same service.
A2: Design and This intervention relates to Design Document Team to be
implement the the design of an eJustice for eJustice One- appointed by
eJustice portal portal as a one-stop-shop Stop-Shop Portal eJustice Service
as the one-stop for all information and Delivery
solution for all services related to the Operationalization Workgroup
information and Justice sector. Besides of the eJustice
service related to providing single-window One-Stop-Shop
the Judiciary in delivery of all services from Portal
Bangladesh the same portal, the latter
must also allow easy
“findability”, search and
discovery of services on the
portal by targeted users.
Drawing from different
examples this intervention
will make and implement
recommendations on how
the eJustice portal could be
enhanced for service
delivery.
4. Measurement Indicators
Table 15 brings out a list of output indicators with which to measure the progress of implementation
of the individual interventions.
For ICT to be used as a tool for service delivery and engender internal efficiency within the
Judiciary a range of initiatives has been identified including, broadly, development of a legal
foundation, standardisation regimes, their enforcement, technology infrastructure, capacity
building and measures directed at outreach. For all of this to happen effectively including their
mutual interdependencies and other complexities that emerge, the Judiciary will need to have a
dedicated organizational structure in place to drive the adoption of ICT in the sector and, in
particular, to oversee the implementation of this strategy. This is also in line with international
trends in this sphere. Discussions during the current state assessment also indicated that a central
institutional structure entrusted with infusing ICT within the Judiciary is being sorely missed. This
strategy aims at plugging this gap.
Functions to be discharged
Taking a cue from functions to be discharged by organisations with a similar mandate as the one
under consideration here, Table 16 brings out a list of principal functions that must be performed
by the central institutional structure entrusted with driving the eJustice agenda for Bangladesh.
Function Description
Functions to be rendered
The following are the functions to be rendered for the different entities mentioned above:
The Chief Justice of the Supreme Court of Bangladesh (or his direct appointee) will be at the apex
level of decision-making for eJustice. Whereas on technical issues (related to functional or to
technology aspects) the National eJustice Taskforce will be the final decision-making body, for all
non-technical (including, though not limited to, administrative and financial) matters the decision of
the Chief Justice (or his direct appointee) will be final and binding. On non-technical issues,
however, it will be incumbent upon the Taskforce to make recommendations. Besides this, on all
matters including technical ones, the Chief Justice will have summary powers and he/she can
exercise this power as he/she deems fit.
The National eJustice Taskforce will be a multi-stakeholder body comprising representatives from
the Judiciary, the lawyer community, representative members from law firms, representative
members of civil society, representative members from the ICT wing of the Government of
Bangladesh and representatives from law enforcement agencies (like Police, Prisons etc) and
other agencies of the government that frequently interact with the Judiciary.
The Taskforce will be the body ultimately responsible for all technical and functional matter related
to ICT in the Judiciary as has been said above. Therefore, decisions on these aspects will be
arrived at here and then sent over to the Chief Justice for his final approval. On these matters the
National eJustice Office will undertake appropriate study, consultation or perform due diligence to
make recommendations to the Taskforce. Empowered with these inputs the taskforce will
deliberate and finally decide.
A National eJustice Office (NJO) as illustrated in Figure 8 is proposed to be set up to serve as the
dedicated executive office for eJustice in Bangladesh. The NJO will be housed completely within
the Supreme Court and will be headed by a Chief Executive Officer (CEO) who will report on
technical matters related to eJustice directly to the Chairperson of the National e-Justice Taskforce
(NJT). The CEO will also serve as the Secretary to the Taskforce and be present in all meetings
of the NJT. It is also recommended that the CEO be a senior sitting Judge of the Supreme Court
who, while he/she reports on technical matters as above, continues to report administratively as
earlier.
2. Strategic Objectives
In line with the above context the following are the objectives to be realised for this strategy:
Table 17 brings out a list of strategic interventions to be implemented, their outputs and
implementation responsibilities.
Table 17 Interventions, Outputs and Implementation Responsibilities for Strategy I
Intervention Implementation
Intervention Name Brief Description
Output(s) Responsibilities
I1: Finalise This intervention includes Terms of Team to be
organisation finalizing the Terms of Reference of appointed by
structure and Reference for the NJO, the the NJO and eJustice
prepare different functional units, the Job Foundational
organisation reporting architecture, Descriptions as Support Workgroup
design for an manpower composition of described on
institutional each of the functional units, job the left
framework to description for every key Organisation
drive the ICT functionary, inter-relationships Design Report
adoption in of the NJO with other organs for the NJO
Bangladesh of the Judiciary as well as Terms of
judiciary other agencies in the GoBD. Reference and
other related
This intervention also includes details of the
finalisation of the Terms of National
Reference for the National eJustice
eJustice Taskforce, finalising Taskforce as
its constitution, frequency with described on
which it must meet and other the left
related details
I2: Operationalise This exercise will comprise National Team to be
the adopting recommendations of eJustice Office appointed by
institutional the earlier assignment (I1), National eJustice
framework identifying resources who will eJustice Foundational
staff the NJO, and undertaking Taskforce Support Workgroup
external recruitment wherever
required and formalize and set
up the NJO.
Table 18 brings out a list of output indicators with which to measure the progress of implementation
of the individual interventions.
Table 18 Measurement Indicators for Interventions under Strategy I
Policy, Process & Legal Reform Division Technology Deployment Division Capacity Building & Outreach Division Governance Division
Along with other factors like institutional framework, financial resources, legal foundations and ICT
infrastructure, availability of a skilled workforce with good capacity for learning is essential for
sustained success of eJustice. A survey of eGovernment projects carried out by the World Bank
revealed that successful eGovernment projects spend at least 10% of their budgets on training.
Human capacity building for eJustice is based on identifying knowledge, skills and attitudinal
imperatives of staff and officials in line with their role requirements in the eJustice system and
undertake interventions to generate the agreed set of skills, not necessarily restricted to technical
competencies. This strategy focuses on how to realise this.
At a minimum the Capacity Building strategy needs to cover, (a) stakeholder groups for whom
capacity building would be undertaken; (b) respective knowledge domains and their
interdependencies; (c) modalities and methods of instruction; (d) periods for which such capacity
building needs to be carried out; (e) a comprehensive workplan for the conduct of capacity building;
(f) institutional responsibility for driving and taking ownership of capacity building interventions; (g)
possible partners and modalities of their engagement in the capacity building interventions
including the services that they would provide; and (h) an elaborate monitoring and evaluation
system by which the implementation progress of the strategy could be assessed.
As an integral part, the strategy must also recommend the positive impact of ICT training and skill
acquisition on the career paths of staff and officials.
2. Strategic Objectives
In line with the above context the following are the objectives to be realised for this strategy:
to establish, in collaboration with key stakeholders, the ICT human capacity needs, as well as
to prepare strategies for training design and delivery for Judiciary officials and staff in
accordance with their role requirements;
to deliver targeted training and knowledge sharing programs;
to monitor and evaluate training and make improvements based on participants and evaluators’
feedback; and
to develop and build in-house training capacity to build human capacity on a sustained basis.
Table 19 brings out a list of strategic interventions to be implemented, their outputs and
implementation responsibilities.
Table 19 Interventions, Outputs and Implementation Responsibilities for Strategy C
Intervention Implementation
Intervention Name Brief Description
Output(s) Responsibilities
C1: Define and This intervention will lead to eJustice Human Team to be
implement a an eJustice Human Capacity Capacity appointed by
comprehensive Development Strategy for all Building eJustice Enabling
plan for role- stakeholders of eJustice. The Strategy
4. Measurement Indicators
Table 20 brings out a list of output indicators with which to measure the progress of implementation
of the individual interventions.
Table 20 Measurement Indicators for Interventions under Strategy C
The Strategy "S" focusses on the need for standards that must to be followed in the areas of
process, data and technical interoperability in order that reusability of processes, data and
technology components is maximised (thus bringing down cost through economies of scale and
scope) and information can be exchanged between different sub-systems of eJustice system and
with those external to it (for example, in Police and Prisons). The referred strategy also dealt with
other standards that will likely be called into question, for example, in the area of record
management, service delivery and the like. However, in addition to standards being developed as
such, it is also important that (a) the process of development and finalisation of standards is also
streamlined through clear management processes and (b) their compliance or otherwise by
agencies is also objectively established.
In light of the above, this strategy focusses on all interventions that are directed at capturing
management processes behind the finalization of standards; and independent and objective
verification of their compliance by entities. The programme also aims at the institutionalization of
a periodical assessment of compliance by judicial entities in Bangladesh.
2. Strategic Objectives
In line with the above context the following are the objectives to be realised for this strategy:
to collaboratively finalise and institutionalize all management processes and criteria involved in
proposal, recommendation, approval, classification, adoption, regularization and retirement of
standards in the areas of functions, processes, metadata, service delivery or any other attribute
involved in the development of eJustice systems;
to conduct periodical compliance checks or seek compliance reports of finalised standards;
to disseminate results of such inspection efforts among senior members of the Judiciary and
other identified stakeholders; and
to maximize the enforceability of service delivery commitments from judicial agencies, legally
or otherwise, through appropriate grievance redressal mechanisms.
Intervention Implementation
Intervention Name Brief Description
Output(s) Responsibilities
G1: Define This intervention will involve a Standards Team to be
management consultative process aimed at Finalisation and appointed by
processes to capturing all processes for Compliance eJustice Enabling
be followed for proposal, recommendation, Process Environment
the proposal, approval, classification, Handbook (Part Workgroup
adoption and adoption, regularization and 1)
retirement of retirement of standards in the
standards in areas of functions, processes,
the areas of metadata, service delivery or
information any other attribute involved in
interoperability, eJustice, along with the role
technical assignments for different
interoperability, steps of the process. Roles for
service the different steps of the
delivery, process would rest with
record-keeping designated positions in the
and archival institutional framework
and any other proposed for eJustice (under
though Strategy "I").
necessary
G2: Define Following on the above Standards Team to be
compliance exercise, this assignment will Finalisation and appointed by
mechanisms be a suo-moto or “on request” Compliance eJustice Enabling
for pre-agreed exercise carried out by Process Environment
standards, designated teams to assess Handbook (Part Workgroup
guidelines and compliance with standards 2)
norms in each and guidelines by judicial
of the areas entities implementing eJustice
mentioned system. Such exercises will
above serve as the windows of
interaction between the
entities and the experts and
give the latter a window to
understand problems that
agencies face while also
serving as an aid to monitor
compliance of standards.
G3: Define Analysing different types of Grievance Team to be
comprehensive commitments made through Redressal appointed by
grievance the Judiciary Service Delivery Mechanism and eJustice Enabling
redressal Charter, this intervention will Processes Environment
norms and identify possible sources and Report Workgroup
practices the different types of
grievances, appropriately
4. Measurement Indicators
Table 22 brings out a list of output indicators with which to measure the progress of implementation
of the individual interventions.
Table 22 Measurement Indicators for Interventions under Strategy G
Awareness building and outreach for eJustice encompasses a range of activities including
disseminating knowledge of ICT initiatives by the Judiciary, encouraging litigants and lawyers to
adopt ICT as a medium of interaction with service providers, promoting eJustice efforts and such
other activities felt required to promote sustained adoption of eJustice among stakeholders.
A meaningful awareness and outreach programme must include the following elements12:
CONVEYING benefits of eJustice including apprising people of information and services on
offer that they can readily access;
ASSISTING, in making use of ICT-enabled information and services being made available;
REASSURING citizens that their data are subject to the required norms of privacy and that all
information they send through the official channels are secure; and
EVALUATING citizens’ satisfaction levels from information and services that have been made
available or on any other aspect of eGovernment.
2. Strategic Objectives
In line with the above context the following are the objectives to be realised for this strategy:
to disseminate information through a variety of channels and media on eJustice interventions
being promoted by the Judiciary;
to assist litigants, lawyers and other stakeholders through convenient means with the use of
ICT-enabled information and services being provided by the Judiciary;
to reassure and build trust and confidence in litigants, lawyers and other stakeholders on
aspects of information security and data privacy; and
to elicit feedback from eJustice consumers and measure their satisfaction with the offerings.
Table 23 brings out a list of strategic interventions to be implemented, their outputs and
implementation responsibilities.
Table 23 Interventions, Outputs and Implementation Responsibilities for Strategy O
Intervention Implementation
Intervention Name Brief Description
Output(s) Responsibilities
O1 Finalise and This exercise will lead to the Comprehensive Team to be
implement finalisation of a eJustice appointed by
12
Adapted from the eGovernment Strategy for the Government of Sri Lanka (OneGovernment 2020) prepared by the author
4. Measurement Indicators
Table 24 brings out a list of output indicators with which to measure the progress of implementation
of the individual interventions.
Table 24 Measurement Indicators for Interventions under Strategy O
O1: Finalise and implement Swiftness in drafting Terms of Reference for the
comprehensive plan for exercise
awareness and outreach Constitution of the team for the intervention
campaign to maximise the Extent of stakeholder representation achieved
adoption of ICT and citizen Promptness with which the recommended initiatives
participation in the eJustice are ratified
effort Increase and rate of increase in the number of
participants
Diversity of channels, mediums and devices
considered and actually implemented
Timeliness of acceptance of deliverables and
dissemination among stakeholder entities
2. Strategic Objectives
In line with the above context the following are the objectives to be realised for this strategy:
to propose appropriate measures that will help the Judiciary encourage adoption of eJustice
system and compliance with accompanying directives and guidelines; and
to bring into effect such orders, directives, rules and regulations that will serve as instruments
of enforcement for staff and officials for practices required to be followed for eJustice.
Table 25 brings out a list of strategic interventions to be implemented, their outputs and
implementation responsibilities.
Table 25 Interventions, Outputs and Implementation Responsibilities for Strategy R
Intervention Implementation
Intervention Name Brief Description
Output(s) Responsibilities
R1: Finalise This exercise aims at Report on Team to be
rewards for recommending professional measures to appointed by
institutional rewards for officials and staff enforce and eJustice Enabling
entities and within judicial agencies to encourage Environment
incentives for encourage usage of the usage of Workgroup
individual end eJustice system. Conversely, eJustice among
users this also includes, by way of internal users
participating in enforcement, disincentives including an
the that will accrue from non- implementation
implementation usage of the system. mechanism
of the eJustice
system Additionally, it also aims at Report on
recommending incentives for measures to
external users to encourage enforce and
sustained usage of eJustice. encourage
Conversely, this also includes, usage of
to discourage non-usage, eJustice among
possible inconveniences that external users
may result to external users including an
should the eJustice system implementation
not be used. mechanism
4. Measurement Indicators
Table 26 brings out a list of output indicators with which to measure the progress of implementation
of the individual interventions.
Table 26 Measurement Indicators for Interventions under Strategy R
R1: Finalise rewards for Swiftness in drafting Terms of Reference for the exercise
institutional entities Constitution of the Team for the intervention
participating in the Extent of stakeholder representation achieved
implementation of the Promptness with which the recommended rewards and
eCourt system disincentives are ratified
Increase and rate of increase in the number of adherents
Type of instrumentality by which recommendations would
be implemented
Timeliness of acceptance of deliverables and
dissemination among stakeholder entities
Awareness and
O
implementation of the eJustice system
Roll out comprehensive awareness campaigns for the ICT
system and its benefits on various platforms
O
Awareness
T
Core
Tools for
Delivery
Technology
Outreach Encourage adoption of eJustice system through highly visible and Outreach Deployment
R rewards and incentives for all stakeholder types
Undertake continued role-based capacity building of all
C
C R G
Institutional stakeholders of the eCourt system to maximise adoption
Capacity Enabling
Design, setup and operationalise an institutional framework to
Building
I drive the ICT adoption in judiciary Capacity Rewards and Governance &
Environment
Building Incentives Monitoring
Perform Comprehensive Business Process Re-engineering
B with a view to computerisation in future
Standardisation Standardise process, data, service delivery, technology
S Foundational
and Re-
engineering
L
elements to enable accurate/complete information exchange/
Build a robust legal and regulatory foundation for the
introduced changes to take effect and help the transition
I
Institutional
B
Business Process
S
Standards and
L
Legal and
Support
towards paperless judiciary Framework Re-engineering Interoperability Regulatory
Figure 9 The Proposed ICT in Judiciary Strategic Framework
The central reason behind seeing the interventions in this light is that between interventions of the
same tier, similar competencies would be required and therefore, resources (including manpower) can
be shared. Also, the grouping of interventions thus serves as an implementation convenience13.
Taking this reasoning forward, the implementation has been conceptualised to be in four large groups
of interventions called "Programmes" as follows:
1. eJustice Foundational Support Programme covers interventions related to Strategies I, D, S
and L, and is looked after by the eJustice Foundational Support Workgroup with an appropriate
Chairperson;
2. eJustice Enabling Environment Programme covers interventions related to Strategies C, R
and G, and is looked after by the eJustice Enabling Environment Workgroup with an appropriate
Chairperson;
3. eJustice Delivery Tools Programme covers interventions related to Strategies O and T, and is
looked after by the eJustice Delivery Tools Workgroup with an appropriate Chairperson; and
4. eJustice Service Delivery Programme covers interventions related to Strategy A and is looked
after by the eJustice Service Delivery Workgroup with an appropriate Chairperson.
The lone strategy that was outside the pyramidal structure, Strategy M, will require competencies similar
to that for Strategy A and is therefore clubbed with it under eJustice Service Delivery Programme.
However, during the implementation of the monitoring arrangements that are designed under Strategy
M (see Section 4.7), the responsible individuals will need to be considered separately as there would
otherwise be a conflict of interest. These resources at that stage would be responsible for the eJustice
Observatory as shown in the institutional structure recommended under Strategy "I", thus removing the
potential conflict of interest.
Figure 12 brings out the relationship between the Programmes and the constituent interventions.
13
It is because programmes are considered as an implementation convenience that they no indicators are associated with
them; instead themes which form the primary areas of activity have indicators and targets related to them as described in 4.7
Strategy R: Encourage adoption of the eJustice system through highly visible rewards and incentives for all stakeholder types of the
system
R1: Finalise rewards for institutional entities
and incentives for individual end users
B1
participating in the implementation of the
eJustice system
Although the Action Plan does suggest implementation of Strategy "I" to be taken up first and the institutional
structure to be put in place and operationalised, leeway has been allowed assuming this might take longer
than expected. In that event, the implementation structure (which is a transient arrangement and would,
therefore, be easier to set up) that is a pre-requisite for implementation can address the immediate
requirement of implementation regardless. Further, the implementation structure proposed is such that it
makes for an easy transition to the institutional structure once implementation of the Action Plan is complete.
This will also ensure continuity in treatment through continuance of the same personnel.
To illustrate,
The eJustice Implementation Steering Committee could become the National eJudiciary Taskforce as the
latter also has the same orientation. No change in constitution of the WG must necessarily occur for this.
The eJustice Chief Implementation Officer assumes the role of the Chief Executive Officer in the
institutional structure; it is intended that the same person continue.
Chairpersons of the four Workgroups (WG) associated with programmes in the Implementation Structure
would take the roles of Heads of the four Divisions in the institutional structure as follows:
o Chairperson, eJustice Foundational Support WG, becomes Head, Policy, Process & Legal Reform Div.;
o Chairperson, eJustice Enabling Environment WG becomes Head, Capacity Building & Outreach Div;
o Chairperson, eJustice Delivery Tools WG would be Head, Technology Deployment Division; and
o Chairperson, eJustice Service Delivery and Monitoring WG would be Head, Governance Division.
The team that was deployed for initiatives M1, M2 and M3 would not move with the team in charge of
Strategy "A" but instead assume the institutional responsibility for the eJustice Observatory.
Strategic Layer
Committee
Tactical Layer
eJustice Chief Implementation Officer
TECHNICAL OPERATIONS
Operational Layer
eJustice Programme Workgroups
Figure 12 gives a complete snapshot of the implementation structure recommended. Essentially, a four-
tier set up has been recommended as also shown, for better illustration, in Figure 11. The following
represents indicative Terms of Reference for some of the key entities that constitute the implementation
structure.
One of the first things that the eJISC shall do is to select the Chief Implementation Officer (CIO) and
constitute and set up the different Workgroups with their respective Chairpersons. The latter shall be
done in consultation with and based on inputs from the CIO.
Upon receiving communication from the CIO on the annual budgetary requirements for each year, the
eJISC would, in consultation with its members, formally approve the annual budgetary requirement of
The CIO would closely interact with the head of the eJISC to apprise him (her) of the progress of
implementation or on anything else (s)he feels fit. Formally, every quarter the eJISC would organize a
Status Workshop to assess the progress of implementation wherein all Chairpersons of the Workgroups
will individually need to appraise the eJISC of the progress of implementation in their respective
spheres. The CIO will summarize for the entire eJustice Strategy in such a meeting.
4. Approval of Deliverables
The eJISC would also be the sole authority to formally endorse all deliverables of the eJustice Strategy.
The CIO would, in collaboration with the Workgroups, roll out a General Terms of Reference for
monitoring of individual programmes which shall be adopted by the Chairpersons of the different
Workgroups. This would include agreeing upon the timelines adopted and indicators with associated
targets for the respective programmes. For this purpose the Workgroups would submit their individual
action plans, along with indicators and targets at least two weeks in advance of CIO's meeting with
them for the purpose. This process would take place at the beginning of every year of the
implementation, except the first year, for which the Workplan delivered as part of this assignment would
suffice (though indicators and associated targets will need to be agreed upon for the first year too).
Besides the above, the CIO would convene a meeting of Chairpersons of the Workgroups on at least a
monthly basis to formally take stock of progress of the programmes whose implementation is underway.
This process would be facilitated by implementation reports for the programmes sent at least a week in
advance of the said meeting. The implementation reports must carry, at a minimum, the following
information:
list of interventions underway;
progress on as measured by
o adherence to timelines, and
o self-evaluation in terms of indicators that were set out to measure the implementation progress;
reasons for slippage of time, if any;
ways in which indicators were measured or are proposed to be measured;
progress in terms of meeting targets associated with indicators;
The CIO would take on board suggestions of the Workgroups and evaluate the efficacy of the measures
being proposed. Should the CIO think appropriate it would suggest changes in the Workgroups'
approach. The CIO would also evaluate repercussions of any under-achievement in a programme (in
terms of time, or otherwise) on any of the other programmes. Should it detect any such fallout, it would
communicate the same to the affected Workgroup’s Chairperson and ask for concomitant changes to
be introduced in the Workgroup’s plans.
The CIO would also endorse and communicate budgetary requirements every year. This process would
be facilitated by Annual Budgetary Requirement Reports for the programmes sent by respective
Workgroups at least a month in advance of the meeting of the CIO in which this would be taken up.
4. Risk Mitigation
The CIO would also need to take stock of any emerging risks and such other imminent possibilities that
it thinks would significantly affect the smooth running of the eGovernment Strategy. The CIO, while
addressing this issue would also come out with mitigation strategies to tackle such risks and highlight
them to the eJISC.
The CIO would also need to deliberate on (a) the inclusion of any new intervention in any programme
which it thinks has become important and therefore needs to be included, or (b) the deletion of any
intervention which it thinks is no longer required or is no more feasible to implement, or (c) changing
the contours of the intervention by taking into account any finding that was not known at the time the
same was conceived. In all of these cases, the requisite changes would be made by the Workgroup in
charge of overseeing the programme itself. Also, in all of these cases the CIO would fully take into
account changes on account of inter-linkages between the different programmes.
The CIO would take on board for deliberation and decision-making any other matter highlighted by the
Workgroups that demand its intervention.
Table 30 presents each of these risks and analyses possible mitigation measures for each of them.
14
Please also see the component for institutional aspects of implementation for the assignment.
5. Expectation Management
Concerted measures are required for managing expectation of the eJustice Strategic Plan from
stakeholders in all quarters. There is a need to convey that the plan is not really a panacea or that it
would deliver results overnight and that this essentially will deliver the best results only in the long
term and with the active participation of all involved stakeholders.
However, to successfully do this, the Judiciary will need comparative performance data to quantitatively
and qualitatively monitor and evaluate progress of outlined initiatives and to design future reforms. This
monitoring involves comparison within Bangladesh over time as well as in relation to other countries.
Essentially, a comprehensive monitoring and evaluation system will enable the following[2]:
A. BETTER EVIDENCE-LINKED PLANNING: As evaluating judicial performance requires recording of
empirical baseline data based on pre-identified indicators, a proper monitoring system will allow
planners to assess relative success rates of different reforms on objective considerations as against
subjective inferences15.
B. BUILDING TRUST IN THE JUDICIARY: Evaluating judicial reform programs with specific indicators
and making the findings public will raise accessibility of judicial performance data as against current
trends where such data is scarce. This will boost confidence and raise public participation in reforms.
C. COMPARISON AMONG JUDICIARIES: Availability of data will facilitate comparisons between
judiciaries (nationally/internationally) and stimulate healthy competition between courts and
demonstrate to different jurisdictions what is possible to achieve under conditions similar to theirs.
D. COOPERATION WITH INTERNATIONAL ORGANIZATIONS: Multilateral and bilateral
organizations, for example the World Bank, supporting judicial reforms need performance data for
15
Data for this may be measured by structured observation, questionnaires, surveys, interviews, and desk research, as well as
computation of statistical parameters. With an eJustice system such data could also be provided by the system itself.
The well-acclaimed International Framework for Court Excellence (IFCE) is a quality management system designed to
help courts to improve their performance through "Global Measures of Court Performance" that comprises eleven
focused, clear, and actionable core court performance measures aligned with the values and areas of court excellence
recognised by the IFCE. These eleven core measures are aligned with universally accepted judicial values and areas of
court excellence identified by the IFCE and are seen as the key to the successful functioning of courts[43].
1. Court User Satisfaction: The percent of court users who believe that the court provides procedural justice, i.e.,
accessible, fair, accurate, timely, knowledgeable, and courteous service.
2. Access Fees: A measure of accessibility defined as the average court fees paid per civil case.
3. Case Clearance Rate: The number of finalized (outgoing) cases expressed as a percentage of registered/filed
(incoming) cases.
4. On-Time Case Processing: The percentage of cases resolved or otherwise finalized within established timeframes.
5. Pre-Trial Custody: The average elapsed time criminal defendants are jailed awaiting trial.
6. Court File Integrity: The percentage of case files and records that meet standards of accuracy, completeness,
currency, and accessibility.
7. Case Backlog: Percentage of cases in the court system longer (“older”) than established timeframes.
8. Trial Date Certainty: The proportion of important case processing events (trials) that are held when first scheduled.
9. Employee Engagement: The percent of judicial officers and other court employees who indicate that they are
productively engaged in the mission and work of the court (a proxy for court success).
10. Compliance with Court Orders: Recovery of criminal and civil court fees as a proportion of fees imposed (a measure
of compliance with law and of efficiency).
11. Cost per Case: Money expenditures per case (net cost per finalization).
In non-profit and public institutions the importance of non-financial indicators is demonstrated by the relevance assumed
in recent decades of models like BSC that through appropriate indicators can be used to best represent the achievement
of complex and to articulate goals of public organizations. In the second case as part of a wider research project of the
“International Laboratory for the Study of Judicial Systems” of Parthenope University (Naples) aimed at developing and
testing a Performance Management System for courts, titled “Court Performance Measurement System” (CPMS). CPMS
is based on the Balanced Scorecard (BSC) framework that has been modified by adding the dimension of Information
System success to the traditional four indicators of the BSC (financial, customer, internal operating, innovation and
learning)[44].
Common Measurement Tool to measure citizen satisfaction with service delivery in Canada
The Common Measurement Tool (CMT) is an easy-to-use computer-based client-satisfaction survey instrument to
benchmark citizen satisfaction levels across jurisdictions that enables public-sector managers understand expectations,
assess satisfaction, and identify priorities for improvement. Jurisdictions can also compare their results, identifying best
practices and sharing lessons learned[45]. The CMT has been validated and improved over the last 14 years through
use across the Canadian Public Sector[46]. The CMT is designed to be an adaptable tool with organizations free to add
customized questions to improve quality of service.
The CMT was developed by the Institute for Citizen-Centered Service (ICCS) that also acts as the custodian for the tool
maintains a CMT benchmarking database that enables organizations to compare anonymously their results with those of
peer organizations. Significant enhancements to the original CMT include questions on satisfaction with electronic and
telephone service delivery, specific drivers of satisfaction for each service delivery channel, consistency in both French
and English, and a new user manual written for public-sector managers[45].
Access to the Enhanced CMT is available through a renewable annual license agreement signed between the ICCS and
the user department. A license-plus arrangement could also be obtained if the organisation enrols into an ICCS
membership thereby benefitting not just from an unrestricted use of the tool but also of a host of support services[46].
The overall idea is to achieve the Vison of Easy Access to Speedy Justice” that is represented by the
three components of an effective judiciary characterised, as stated above, by predictability, efficiency
and access to end users.
In consonance with the two alternative ways of measuring performance of justice systems (see case
study above) and factoring in current state readiness of Bangladesh Judiciary Table 31 represents the
set of indicators at the outcome and impact level16. Annexure III provides a complete list of indicators
suggested including those associated with outputs too.
16
A 2013 study commissioned by UNDP for backlog reduction in the Dhaka District Court recommended indicators including,
(a) number of cases closed on a month-by-month basis and number of trials held; (b) number of cases being closed relative to
the number filed; (c) number of adjournments granted; (d) workload of the administrative staff (peshkars and sheristadars); (e)
elapsed time between the filing and closure of cases; and (f) perceptible positive public impression[36]. These indicators, in so
far as ICT adoption will make a difference, have been included within the set recommended here.
Awareness and Court User Strategy O: Roll out Number of people (in %)
Outreach Satisfaction comprehensive awareness using the eJustice system
Number of court campaigns for the ICT to access the judicial
users (in %) system and its benefits on system and its services
who believe that various platforms Number of people (in %) to
the court whom eJustice is
provides accessible
procedural Strategy R: Encourage Cost of accessing judicial
justice, i.e., adoption of the ICT eCourts services (in % comparison
accessible, fair, system through highly visible with earlier)
accurate, timely, rewards and incentives for all Extent of compliance
knowledgeable, stakeholder types of the achieved of standards and
and courteous system guidelines to be followed
service. (in % terms)
Table 32 brings out targets associated with some of the goals associated with impact indicators
mentioned above. Targets to be associated with outcomes have not been provided here as these will
be determined by the studies recommended to be taken up and targets recommended therein will then
be applied on their respective implementation components.
17
Owing to information and data gaps Bangladesh was not reported in the ITU's ICT Development Index for the year 2012[18].
1. Strategic Objectives
In line with the above context the following are the objectives to be realised for this strategy:
to continually measure the level of satisfaction of litigants, lawyers and other service seeking
communities with the services being provided by the eJustice system through a tool designed for
the purpose;
Intervention Implementation
Intervention Name Brief Description
Output(s) Responsibilities
M1: Design of a This exercise will deal with a bi- Judicial Team to be
comprehensive tool lingual satisfaction Services appointed by
for Feedback and measurement tool for judicial Satisfaction eJustice Service
Satisfaction services extended. The Measurement Delivery
Measurement on Common Measurement Tool Tool Workgroup
services delivered used by agencies in Canada
by Judicial and cited in this report will serve
agencies as a useful template to start
with. The tool should be such
as to be administered through
multiple channels. Periodical
updates in the tool in line with
citizen feedback will also be
desirable.
M2: Holistic concept This exercise will be in two eJustice Team to be
and design of an parts: Maturity Index appointed by
eJustice Maturity the first part will be design a Design and eJustice Service
Index to reflect the holistic eJustice Maturity implementation Delivery
progressive Index reflective of evolution Report Workgroup
evolution of of eJustice in Bangladesh;
eJustice in and
Bangladesh the second part will indicate
how to about collecting data
that would be required to
measure for parameters that
have been considered for
the eJustice Maturity Index.
Outputs of the Satisfaction
Measurement tool/exercise
will also be taken into
account for this purpose.
M3: Computation of This exercise will implement the Annual results Team to be
eJustice Maturity recommendations of the for the eJustice appointed by
Index as exercise M2. This will include Maturity Index eJustice Service
conceptualised on data collection from varied Delivery
an annual basis sources as identified in the Workgroup
3. Measurement Indicators
Table 34 brings out a list of output indicators with which to measure the progress of implementation
of the individual interventions.
Table 34 Measurement Indicators for Interventions under Strategy M
M1: Design of a comprehensive Swiftness in drafting of the Terms of Reference for the
tool for Feedback and exercise
Satisfaction Measurement on Constitution of the eJustice Workgroup
services delivered by Judicial Extent of stakeholder representation achieved
agencies Promptness with which the recommended rewards and
disincentives are ratified
Increase and rate of increase in the number of adherents
Type of instrumentality by which recommendations would
be implemented
Timeliness of acceptance of deliverables and
dissemination among a wider group of government
entities
M2: Holistic concept and design of Swiftness in drafting of the Terms of Reference for the
an eJustice Maturity Index to exercise
reflect the progressive Constitution of the eJustice Workgroup
evolution of eJustice in Extent of stakeholder representation achieved
Bangladesh Promptness with which the recommended rewards and
disincentives are ratified
Increase and rate of increase in the number of adherents
Type of instrumentality by which recommendations would
be implemented
Timeliness of acceptance of deliverables and
dissemination among a wider group of government
entities
M3: Computation of eJustice Swiftness in drafting of the Terms of Reference for the
Maturity Index as exercise
conceptualised on an annual Constitution of the eJustice Workgroup
basis and making related Extent of stakeholder representation achieved
data-informed Promptness with which the recommended rewards and
recommendations disincentives are ratified
Increase and rate of increase in the number of adherents
Type of instrumentality by which recommendations would
be implemented
There is increased pressure on the courts of law today to embrace technology because with the
increased level of IT literacy and awareness and rising democratisation of ICTs, there are increased
demands on government to provide information to citizen around the clock. The pervasiveness of ICTs
provides new opportunities for court automation and information management in judiciary. With this
opportunity, courts around the globe are embracing ICTs at various levels to provide faster, reliable and
consistent service to the society.
However, in order that effective use is made of ICT a comprehensive and holistic, as against a patchy
and piecemeal, approach is the only way to proceed. e@syJUSTICE 2021 for ICT adoption in
Bangladesh Justice sector is one such effort where all dimensions of interventions have been
considered with the information at hand even as the recommendations are tempered to suit the need
of the hour not to impede existing momentum in this direction. With time, though, new developments
may emerge which the strategy will then need to consider in its implementation. Even otherwise, come
2021 when the currency of this strategy will expire, a fresh strategy will then need to be conceptualised
with the results of implementation of this strategy on board. Implementation, therefore, is an
evolutionary, as against a revolutionary effort. It is this spirit with which e@syJUSTICE 2021 needs to
be approached.
The Supreme Court is the highest court of Bangladesh and is provided for by Article 94(1) of the constitution. The
Supreme Court consists of the Chief Justice, and such number of other Judges as the President may deem to
necessary to appoint to each division. The Chief Justice and the Judges appointed to the AD shall sit only in the
division, and the other Judges shall sit only in the HCD. The AD has jurisdiction to “hear and determine appeals”
against “judgments” decrees, orders or sentences’ passed by the HCD. It has also an advisory jurisdiction vide
Article 106 of the Constitution whereby the President of Bangladesh may, on a question of law, obtain the opinion
of the Supreme Court upon it by referring the question to the AD which would then report its opinion on the same.
The HCD has “original, appellate and other jurisdictions and powers as are conferred on it” by the constitution or
any other law. It also has a special original jurisdiction under which it is authorized to enforce fundamental rights of
the citizens and to issue certain orders and directions in the nature of writs of prohibition, mandamus, certiorari,
habeas corpus and quo warranto. In addition, the HCD exercises special and statutory original, appellate,
revisional, admiralty and miscellaneous jurisdictions under numerous laws.
Appellate Division
First/ Second/
Third Judicial
Magistrate
Figure 14 Structure of Judiciary in Bangladesh
PREPARATION OF
STATUS AND
Project
DESIGN OF IMPLEMENTATION
PROJECT INCEPTION ENVIRONMENT
ENVISIONED MODEL STRATEGY
ANALYSIS 6 YR. ACTION PLAN
Time
(in days) SIX DAYS TEN DAYS SIX DAYS EIGHTEEN DAYS
Draft ICT Master Final ICT Master Plan for
Plan for the SC the Project
Agreed Project
Deliverables
Charter for the
Project Revised ICT Master Plan
(post stakeholder inputs)
Streams of Study and
Recommendations
Process Issues
People Issues
Technology Issues
Citizen-Centric Guidelines
Current State Assessment ICT Strategic Roadmap Quick Win Identification
Methodologies Integrated Project Plan Methodology Definition Methodology Methodology
to be Used Preparation Methodology Best Practices Identification Business Process Re- Supreme Court ICT
and Selection Methodology engineering Concepts Landscape
Figure 15 brings out the overall approach that has been followed for the assignment. The assignment proceeded
through four sequential stages of (a) Project Inception; (b) Status and Environment Analysis; (c) Design of
Envisioned Model; and (d) Preparation of the Implementation Strategy (6 year roadmap), lasting respectively 6, 10
and 18 working days.
Issues being faced have been considered for study and subsequent recommendations in the four streams of (a)
Process Issues; (b) People Issues; (c) Technology Issues; and (d) Strategy, Communication and Collaboration
Issues. Deliverables emerging and methodologies deployed during the assignment have also been shown in Error!
eference source not found.. Detailed set of activities that performed in each of the stages above are as would
make up the scope earmarked for the assignment.
Mirror against
Identify Settings/ Entities Select Suitable
Bangladesh Supreme
for Benchmarking Best Practices
Court ICT Reqmts.
• Countries and regions with • Select Best Practices that • Extract the best practices
similar socio-political and have had a sustained and map them against
judicial configurations and record of success Bangladesh Supreme
Governance • Select Best Practices that Court ICT requirements
• Countries and regions with can be replicated • Discard Best Practices not
similar socio-economic and elsewhere suitable culturally
demographic profile (vulnerable • Select Best Practices that • Include Best Practices that
sections) have already been enable citizen-centricity,
• Identify elements for analysis operationalized transparency and
based on “tracks” of exercises • Make a set of criteria that accountability, people’s
identified earlier will help form the basis of participation, improved
• Identify states and countries selection and map the best decision-making and
that have formulated and practices with this set of innovation, capitalize on
implemented eCourt policies criteria existing investment etc
and strategies successfully • Be guided by the • Adopt and Adapt selected
• Identify countries and regions Bangladesh ICT and SC Best Practices
from where eCourt systems are ICT policies and the extant
successfully being used eGovernment policy for
dispensing justice Bangladesh
2. Prioritisation Methodology
Delivery Complexity
or human resources’ point of view.
Low High
Service Visibility
Figure 18 Prioritization Methodology
An essential pre-requisite for implementing caseflow management is that courts first must review their own
operations and then define performance goals and measures, such as creating timelines for processing cases that
follow acceptable time standards for different case types and processing steps, and adjusting work practices to be
more efficient to better meet these goals. Such changes require not only consistent administrative actions from
court staff but also changes in the judge’s role in the process.
In a data-centric approach the user enters key information to already defined data attributes. The reviewer will have
enough information contained in the data attributes to make a decision on whether to approve it or not. The data
in this case is the central data concept of the application; if there are attached documents then they will provide
more details and are treated as supporting artefacts.
C. DRIVES STANDARDIZATION
With improved search ability due to a data centric model the eJustice system will help drive standardization in
process and procedures as entering data related to documents requires filling into a pre-decided standard template.
D. INTEGRATIONS
The data centric model also enables the eJustice system interact with other applications like ERP, CRM and
eProcurement.
Policy
This includes taking responsibility for and rendering advice on all policy and strategy matters related to eJustice
in the country.
In particular, this will include (a) making timely revisions to the current strategy in view of emerging
developments and/or change in the environment; and (b) drafting new strategies once the currency of the
existing strategies expires.
This function automatically includes providing need-based strategic and policy advise whenever requested.
18
Conceptual Units must be differentiated from a physical unit with the former being more of a logical unit and not necessarily
coterminous with a physical unit. For example, depending upon the workload, two conceptual units could well be looked after
by one physical unit, which is akin to one person being responsible for two functions.
Legal Reform
This includes recommending and taking responsibility for effecting all required legal and quasi-legal changes
in order that eJustice efforts have a strong foundation in law and the regulatory structure.
By extension, this also includes acting as the custodian of all draft legal and quasi-legal recommendations.
B. TECHNOLOGY DEPLOYMENT
Technology Design and Deployment entails the design and deployment of all technology and technology-related
components including, though not limited to, the following:
Knowledge Management
This includes all knowledge management activities across judicial agencies.
By extension, therefore, this also includes the construction and operation of a Knowledge Management solution
and its periodical enhancement as and when required.
Mobile Technology
This includes the design and operation of all mobile-based services (including mobile applications) from the
Judiciary in Bangladesh.
By implication, this function encompasses providing expertise in so far as mobile-based technologies is
concerned to other stakeholders on a need-basis (for example to provide help on partnerships with mobile
service providers).
Network Administrator
This function includes the administration, management and support of the dedicated Judicial Services Network
(JSN) and all aspects related thereto.
19
More details on this are provided in the Monitoring and Evaluation section
Capacity Building
This function includes the conceptualization, design, coordination, and conduct of all training and educational
inputs required for the smooth implementation of the eJustice Action Plan and to internalize the use of ICT
among staff and officials.
The function covers the professional profiling of all judicial officials/staff and suggesting a training roadmap for
them in line with their respective roles, in consultation with their agencies.
Outreach
This function includes management of all eJustice awareness events in the country at all levels;
This includes identifying target audiences for each of these events, sending invites for these events, planning
and ensuring the smooth conduct of these events; and
By extension this also includes all communication to be made over social media channels (including necessarily
through authorized presence on Facebook, YouTube and Twitter).
Partnership Management
This function includes exploring, developing and maintaining partnership options between the National eJustice
Office and other stakeholders with a view to enabling ICT adoption among judicial agencies in the country.
D. GOVERNANCE
For effective governance to take place it is not just important that standards are consultatively finalised with
stakeholders but also that mechanisms are put in place to ensure that the standards thus finalised are followed
through and their compliance is ensured. Governance, therefore will require the performance of the following
functions.
Process Governance
This function includes ensuring that the process standards that have been drawn up and the set of processes,
associated with functions that have been finalised are made known to all relevant stakeholders.
By extension this also includes eliciting reports of compliance on the above from the agencies as well as
performing checks on them suo moto to see if the standards finalised are indeed being complied with.
Data Governance
This function includes ensuring that the metadata standards that have been drawn up and the metadata
elements corresponding to such standards are made known to all relevant stakeholders.
By extension this also includes eliciting reports of compliance on the above from the agencies as well as
performing checks on them suo moto to see if the metadata standards finalised are indeed being complied with,
particularly at the point of data capture.
Technology Governance
This function includes ensuring that (a) the technology standards that have been drawn up; and (b) guidelines
for usage of shared resources (technology, data, applications, infrastructure, resources etc) are made known
to all relevant stakeholders.
On-Time Case Strategy S: Standardise all Types of cases S4: Define and finalise Swiftness with which team to oversee this
Processing process, data, service categorised and standards and guidelines for initiative is set up
Percentage of cases delivery and technology timeframes allocated record-keeping in Bangladesh Number of standards and guidelines finalised
resolved or otherwise elements with a view to for different steps of judicial entities institutional arrangements in place to continually
finalized within pre- bring about accurate and case management oversee the implementation and report any
established timeframes complete information Ease of access of breach
exchange and retrieval judicial records S5: Define and finalise the Swiftness with which the Service Charter is
Judicial Service Charter finalised
aligned with other Extent of Stakeholder involvement in exercise
eGovernment interventions Number of parameters finalised
and finalise service delivery Coverage of parameters in terms of services
parameters for services to be sought by the end user
rendered by judicial entities
Strategy B: Perform Extent to which time B1: Adopt BPMN as a process Swiftness with which BPMN is finalised as a
comprehensive business and cost savings are representation standard and process representation standard
process re-engineering to generated out of undertake comprehensive Extent of services/process re-engineered
harness internal efficiency following re-engineered BPR of all civil, criminal, other Extent of standardisation achieved in re-
and effectiveness processes judicial and administrative engineering (shared sub-processes between
processes of the Judiciary processes)
Extent to which data elements standardised and
shared between processes
Strategy L: Build a robust Extent to which L1: Finalise legal amendments Number of legal and quasi-legal
legal and regulatory external paperwork is and regulatory interventions recommendations made
foundation for the reduced (owing to its for process changes Extent to which such recommendations are
introduced changes to take persistence concurrent introduced in the strategy to meant to obviate manual processes
effect and help the with electronic take effect Swiftness with which recommendations are
alternative) adopted
transition towards
paperless judiciary
Case Clearance Rate Strategy T: Deploy case- Extent to which data T1: Prepare the complete Swiftness with which design is accepted and
The number of finalized centric eCourt solutions in duplication is functional, technical and implementation plan rolled out
(outgoing) cases phases using a pilot prevented/ data once operational design of the Extent of coverage of functional requirements in
expressed as a percentage approach captured is available complete case-centric eJustice the technical design
of registered/filed uniformly across the solutions Extent of alignment of the design to
(incoming) cases system recommendations of the standardisation
Extent to which internal exercise earlier carried out
Court File Integrity paperwork is reduced Extent of usage of multi-channel service
Number of case files and (owing to its delivery requirements in the design
records (in %) that meet persistence concurrent T2: Develop and Deploy on a Extent of adherence to the implementation plan
standards of accuracy, with electronic pilot basis Phase I of case- in Phase I pilot
completeness, currency, alternative) centric eJustice solutions Extent of usage of data on which pilot testing
and accessibility. Extent of time and cost carried out
savings resultant to T3: Roll out Phase I across Number of locations across which rollout carried
judicial staff Bangladesh Judiciary out
Extent of coverage of implementation across
court complexes in Bangladesh
T4: Develop and Deploy on a Extent of adherence to the implementation plan
pilot basis Phase II of case- in Phase I pilot
centric eJustice solutions Extent of usage of data on which pilot testing
carried out
T5: Roll out Phase II across Number of locations across which rollout carried
Bangladesh Judiciary out
Extent of coverage of implementation across
court complexes in Bangladesh
Strategy A: Make Extent of savings in A2: Design and implement the Swiftness with which the portal design is
available judicial cost and time to the Judiciary portal as the one- finalised and accepted
information to all through end user through stop solution for all information Extent of adherence of the implementation to
convenient and secure availability of the and service related to the the implementation plan
channels of citizen access eJustice platform Judiciary in Bangladesh Existence of institutional mechanisms to
Extent of convenience regularly update contents
to the end user through Extent to which relevant stakeholders involved
eJustice in the design and development process
Employee Engagement Strategy C: Undertake Number of judicial staff C1: Define and implement a Swiftness with which the capacity building
Number of judicial officers continued role-based (in %) using the comprehensive plan for role- design is finalised and accepted
and other administrative capacity building of all eJustice system to based capacity building of all Extent of adherence of the implementation to
staff (in %) who indicate stakeholders of the render their judicial stakeholders of the the implementation plan
that they are productively eJustice system to functions Bangladesh eCourt system Extent to which needs analysis takes into
engaged in the mission maximise its adoption Number of account the availability of skills with staff
and work of the court administrative staff (in Extent to which needs analysis takes into
%) using the eJustice account the eJustice skills requirements for staff
system to render their Diversity of medium over which capacity
administrative building carried out
functions
Strategy I: Design, setup Existence of an I1: Finalise and operationalise Swiftness with which organisation design
and operationalise an independent body to organisation structure and recommendations and those for any transient
institutional framework to drive the eJustice prepare organisation design arrangements are made and adopted
drive the ICT adoption in agenda for Bangladesh for an institutional framework Adherence to the implementation plan for
Bangladesh judiciary to drive the ICT adoption in operationalisation of the institutional framework
Bangladesh judiciary recommendations
Extent to which staffing recommended is
available to start with
Extent of completeness of the organisation
structure when implementation process is
commenced
Extent of Predictability Strategy G: Institutionalise Number of judicial G2: Define compliance Swiftness with which compliance mechanisms
Number of judicial cases and enforce governance offices (in %) where mechanisms for pre-agreed for standards and guidelines agreed upon are
(in %) where processes mechanisms to ensure processes being standards, guidelines and finalised and adopted
being followed conform to compliance of standards, followed are norms in each of the areas Extent to which such compliance reporting is
what is standardised and guidelines and norms substantially different mentioned above institutionalised in the reporting and inspection
agreed required to be followed for from what is regime followed
a comprehensive standardised and Extent of coverage of compliance to the total
implementation of the agreed standards' requirement of eJustice in
eJustice system Number of grievances Bangladesh
(in %) that are resolved G3: Define comprehensive Number of services (as % of total) in which
to the satisfaction of grievance redressal norms and deviations from promised norms are considered
the complaining entity practices for grievance redressal
Swiftness with which recommendations are
adopted and implemented
Swiftness with which institutional mechanisms
are established to redress customer grievances
Court User Satisfaction Strategy O: Roll out Number of people (in O1: Finalise and implement Swiftness with which plan recommendations are
Number of court users (in comprehensive awareness %) using the eJustice comprehensive plan for accepted and implemented
%) who believe that the campaigns for the ICT system to access the awareness and outreach Extent of stakeholders considered for
court provides procedural system and its benefits on judicial system and its campaign to maximise the implementation
justice, i.e., accessible, various platforms services adoption of ICT and citizen Extent to stakeholders for which outreach
fair, accurate, timely, Number of people (in participation in the programme activities actually carried out
knowledgeable, and %) to whom eJustice is Diversity of communication media deployed to
courteous service. accessible reach out to end users
Extent to which user feedback collected during
campaigns and incorporated into outreach and
other activities
Strategy R: Encourage Cost of accessing R1: Finalise rewards for Extent to which rewards and incentives
adoption of the ICT judicial services (in % institutional entities and considered (in % terms) for end users in their
eCourts system through comparison with incentives for individual end respective categories
highly visible rewards and earlier) users participating in the Swiftness with which recommendations adopted
incentives for all Extent of compliance implementation of the eCourt and implemented
stakeholder types of the achieved of standards system Extent to which incentives are linked to
system and guidelines to be compliances that are required to be observed
followed (in % terms)
Operations and
Miscellaneous
Total (Capital)
Design Costs
Development
Infrastructure
Planning and
Consultancy/
Procurement
Maintenance
Recruitment/
Promotional/
Training and
Organising
Expenses
Travelling
Salaries,
System
Others
Event
Costs
Costs
Total
S4 Define and finalise 5 personmonths of effort
standards and guidelines 10% for project management;
for record-keeping in 5% for procurement
Bangladesh judicial expenses; and 5% for
entities 0.05 0.00 0.00 0.00 0.00 0.05 0.01 0.00 0.00 0.00 0.00 0.01 0.06 miscellaneous
S5 Define/finalise Judicial 8 personmonths of effort
Service Charter aligned 10% for project management;
with other eGovernment 5% for procurement; and 5%
interventions and finalise for miscellaneous
service delivery
parameters for services
by judicial entities 0.08 0.00 0.00 0.00 0.00 0.08 0.01 0.00 0.00 0.00 0.00 0.01 0.10
B1 Adopt BPMN as a 30 personmonths of effort
process representation 10% for project management;
standard and undertake 5% for procurement; and 5%
comprehensive BPR of for miscellaneous
all civil, criminal, other
judicial, administrative
processes of Judiciary 0.30 0.02 0.00 0.00 0.00 0.32 0.03 0.00 0.00 0.00 0.02 0.05 0.36
L1 Finalise legal 3 personmonths of effort
amendments and 10% for project management;
regulatory interventions 5% for procurement; and 5%
for process changes for miscellaneous
introduced in the strategy
to take effect 0.03 0.00 0.00 0.00 0.00 0.03 0.00 0.00 0.00 0.00 0.00 0.00 0.04
Operations and
Miscellaneous
Total (Capital)
Design Costs
Development
Infrastructure
Planning and
Consultancy/
Procurement
Maintenance
Recruitment/
Promotional/
Training and
Organising
Expenses
Travelling
Salaries,
System
Others
Event
Costs
Costs
Total
T1 Prepare complete 30 personmonths of effort
functional, technical and 10% for project management;
operational design of the 5% for procurement; and 5%
eJustice suite of solutions 0.30 0.02 0.00 0.00 0.00 0.32 0.03 0.00 0.00 0.00 0.02 0.05 0.36 for miscellaneous
T2 Develop and Deploy on a Please see Annexure X and
pilot basis Phase I of assumptions below
eJustice suite of solutions 0.00 0.57 5.65 0.00 2.20 8.42 0.19 0.00 0.00 0.00 0.57 0.75 9.17
T3 Roll out Phase I across Please see Annexure X and
Bangladesh Judiciary 0.00 0.00 0.00 0.00 0.00 0.00 8.69 0.00 0.00 0.00 0.00 8.69 8.69 assumptions below
T4 Develop and Deploy on a Please see Annexure X and
pilot basis Phase II of assumptions below
eJustice suite of solutions 0.00 0.00 10.25 0.00 0.05 10.30 0.00 0.00 0.00 0.00 0.00 0.00 10.30
T5 Roll out Phase II across Please see Annexure X and
Bangladesh Judiciary 0.00 0.00 0.00 0.00 0.00 0.00 2.52 0.00 0.00 0.00 0.00 2.52 2.52 assumptions below
A2 Design and implement Effort in effort estimates
eJustice portal as one- Hardware accounted for in T2
stop solution for all 10% for project management;
information/service 5% for procurement; and 5%
related to Judiciary in for miscellaneous
Bangladesh 0.14 0.01 0.00 0.00 0.00 0.15 0.01 0.00 0.00 0.00 0.01 0.02 0.17
I1 Finalise, operationalise 10 personmonths for design
organisation structure 10% for procurement; 10% for
and prepare organisation project management; and 5%
design for an institutional for miscellaneous
framework to drive ICT
adoption in judiciary 0.10 0.01 0.00 0.00 0.00 0.11 0.01 0.00 0.00 0.00 0.01 0.02 0.13
C1 Define, implement a 20 personmonths for design
comprehensive plan for 10%-project management; 5%
role-based capacity for procurement; and 5% for
building of stakeholders miscellaneous
of the Bangladesh 140*2 batches of capacity
eJustice system building with 2 sessions per
0.20 0.01 0.00 0.00 0.00 0.21 0.02 0.00 0.00 2.02 0.01 2.05 2.26 batch/group
Operations and
Miscellaneous
Total (Capital)
Design Costs
Development
Infrastructure
Planning and
Consultancy/
Procurement
Maintenance
Recruitment/
Promotional/
Training and
Organising
Expenses
Travelling
Salaries,
System
Others
Event
Costs
Costs
Total
G2 Define compliance 10 personmonths for design
mechanisms for pre- (internal exercise)
agreed standards, 10% for project management;
guidelines, norms in and 5% for miscellaneous
areas mentioned above 0.03 0.00 0.00 0.00 0.00 0.03 0.00 0.00 0.00 0.00 0.00 0.00 0.03
G3 Define comprehensive 10 personmonths for design
grievance redressal 10% for procurement; 10% for
norms and practices project management; and 5%
0.10 0.01 0.00 0.00 0.00 0.11 0.01 0.00 0.00 0.00 0.01 0.02 0.13 for miscellaneous
M1 Design comprehensive 10 personmonths for design
tool for Feedback and 10% for procurement; 10% for
Satisfaction project management; and 5%
Measurement on for miscellaneous
services delivered by
Judicial agencies 0.10 0.01 0.00 0.00 0.00 0.11 1.00 0.00 0.00 0.00 0.01 1.01 1.12
M2 Holistic concept and 10 personmonths for design
design of an eJustice 10% for procurement; 10% for
Maturity Index to reflect project management; and 5%
the progressive evolution for miscellaneous
of eJustice in Bangladesh 0.10 0.01 0.00 0.00 0.00 0.11 1.00 0.00 0.00 0.00 0.01 1.01 1.12
M3 Computation of eJustice 70 people to be deployed for 2
Maturity Index as months each every year (data
conceptualised on an entry level) for survey etc
annual basis and making
related data-informed
recommendations 0.00 0.00 0.00 0.00 0.00 0.00 1.12 0.00 0.00 0.00 0.00 1.12 1.12
O1 Finalise, implement 10 personmonths for design
comprehensive plan for 10% for project management;
awareness and outreach 5% for procurement; and 5%
campaign to maximise for miscellaneous
the adoption of ICT and 2 employees for 6 years for
citizen participation in the social media campaign
eJustice effort 0.10 0.01 0.00 0.00 0.00 0.11 0.01 0.36 0.00 0.66 1.51 2.54 2.64
Operations and
Miscellaneous
Total (Capital)
Design Costs
Development
Infrastructure
Planning and
Consultancy/
Procurement
Maintenance
Recruitment/
Promotional/
Training and
Organising
Expenses
Travelling
Salaries,
System
Others
Event
Costs
Costs
Total
1 eJustice Conference for 6
years; 1 Divisional Workshop
for 6 years ( 42 for 7 divisions)
Electronic/Print Media
Outreach of USD
200,000/year for 6 years
Publish Reports for USD
50,000 every year
R1 Finalise rewards for 5 personmonths for design-
institutional entities and internal exercise
incentives for individual 10% for project management;
end users participating in and 5% for miscellaneous
the implementation of the 25 awards every year each of
eJustice system 0.01 0.00 0.00 0.00 0.00 0.01 0.00 0.15 0.00 0.00 0.00 0.15 0.16 worth USD1000
Grand Total 20.46 20.00 40.46
20
Technology specifications mentioned here are only for the purposes of arriving at a budgetary estimate. They should not be construed in any way as recommendations. Deriving technology
specifications to meet the functional requirements recommended in this strategy is actually the output of the intervention T1 recommended in the workplan.
21
The makes (here and elsewhere in estimation sheets) have been mentioned only for illustration and as a basis for estimation; these should not be construed as recommendation for the same.
Grand Total for Hardware, Network and Packaged Software Components 75,33,144.00
22
An actual estimate for the number of users is beyond the scope of this project. As such, these calculations have been made as conservative as possible with the possibility of these estimates
being subsequently revise after completion of the exercise T1 (see explanation made earlier in the document).
Table 41 brings out the customisation effort estimates over and above what has been assumed in the above tables for Phase I and II.