New Age | Victims can contact a lawyer in sexual assault cases: HC

The Supreme Court has issued a circular clarifying that victims of sexual assault and other crimes against women cannot be barred from appointing personal lawyers in addition to the public prosecutor’s office to handle their cases.

Women’s rights activists welcomed Thursday’s circular from the Supreme Court division.

The circular was issued on the instructions of the higher authority as victims or complainants face problems or obstacles in engaging personal lawyers to conduct their cases, an official of the Supreme Court’s registry office said.

“Such a step in favor of victims of sexual harassment will help ensure victims’ right to justice,” women’s rights activist Farida Akhter told New Age.

The HC official told New Age on Saturday that the circular was issued in response to a long-standing complaint by women rights activists that prosecutors are not handling sexual assault cases properly, leading to acquittal of offenders.

The circular states that there is the possibility of personally appointing lawyers under Sections 493 and 495 of the Code of Criminal Procedure to act on behalf of the victims and complainants in the cases brought before the courts for the repression (prevention) of women and children were submitted.

The HC official said that the personal lawyers will conduct the cases for their clients under the guidance and supervision of the public prosecutors.

Ali Asgar Swapan, a prosecutor at a tribunal for the prevention of repression of women and children in Dhaka, told New Age that prosecutors had previously conducted cases with the assistance of personal lawyers, provided they were appointed by the victims and complainants. Personal lawyers could not handle the cases directly, which the circular will allow them to do from now on.

Swapan said there are numerous allegations against prosecutors for acquitting criminals in sexual assault cases.