Special Tribunal
Special Tribunal an extra-judicial body enshrined in the special power act 1974 and appointed by the competent authority to inquire into a specified matter or dispute, and to adjudicate or give judgment on it. It includes, within its ambit, all adjudicating bodies, provided they are constituted by the state and are invested with judicial functions as distinguished from purely administrative or executive ones. The expression 'a court' in the technical sense is a tribunal constituted by the state as a part of ordinary hierarchy of courts, which is invested with the state's inherent judicial powers.
The tribunal as distinguished from the court exercises judicial powers and decides matters brought before it judicially, or quasi-judicially, but it does not constitute a court in the technical sense. It can compel witnesses to appear, can administer oath, and is required to follow certain rules of procedure. It may not be bound by the strict and technical rules of evidence, but, nevertheless, it must decide on evidence adduced before it. It may not be bound by other technical rules of law, but its decisions must, nevertheless, be consistent with the general principles of law.
In other words, it has to act judicially and reach decisions in an objective manner, and it cannot proceed purely administratively or base their conclusions on subjective tests or inclinations. The procedural rules which regulate the proceeding before the tribunals and the power conferred on them in dealing with matters brought before them, are sometimes described as the 'trappings of a court', and in determining the questions as to whether a particular body or authority is a tribunal or not, sometimes a rough and ready test is applied by requiring whether the said body or authority is clothed with the trapping of a court.
Both the tribunal and the court are adjudicating bodies, and they deal with and finally determine disputes between parties, which are entrusted to their jurisdiction. The procedure followed by the courts is regularly prescribed in discharging their functions and exercising their powers, the courts have to conform to that procedure. The procedures which the tribunals have to follow may not always be so strictly prescribed, but the approach adopted by both the courts and the tribunals is substantially the same, and there are very little essential differences between the functions that they discharge. As in the case of courts, so in the case of tribunals, it is the state's inherent judicial power, which has been transferred, and by virtue of the said power, it is the state's inherent judicial functions, which they discharge. However, tribunals are set up under separate laws as distinct from regular hierarchy of courts which are recognized by the civil or criminal procedure codes except the higher judiciary which derives its authority from the Constitution.
One of the important examples of special tribunal during Pakistan period relates to Ordinance No. V of 1968. The stated purpose of the law was to provide for the trial by special tribunal of certain offences. The offences related to conspiracy against the state, abetting the commission of mutiny by an officer, soldier, sailor or airman, or of attempting to seduce any officer, soldier, sailor or airman from his allegiance or his duty. These offences were otherwise punishable under the penal code. Still, the government of Pakistan thought it expedient to promulgate the ordinance to set up special tribunal to try these offences. The result was that these offences were kept out of the jurisdiction of the regular courts.
The government of Pakistan set up a special tribunal for trial of Bangabandhu sheikh mujibur rahman and others acused in agartala conspiracy case. Following countrywide protest, the ordinance setting up the tribunal was repealed in 1969.
The Constitution of the People's Republic of Bangladesh as it was adopted in 1972 does not refer to tribunals. Under the Constitution, the High Court Division is vested with powers for superintendence and control over all courts subordinate to it. The word 'tribunals' was inserted after the word 'courts' by the Constitution (Twelfth Amendment) Act 1991. Other cases of special tribunal dates back to 1960. Bangladesh Anti-Corruption (Tribunal) Ordinance, 1960 provides for setting up tribunals for speedy trial of offences punishable under the Bangladesh Anti-Corruption Act, 1957.
Another example of a law constituting tribunals for the trial of specific offences is embodied in Act VII of 2000. It is the Public Safety Act, 2000. The expressed intention of the Act is to control crimes affecting public safety. The offences cover such areas as illegal extortion of money, intimidating bidders in a tender, breaking vehicles or damaging other properties, obstructing traffic, demanding ransom, etc. Under the law, the government can appoint tribunals for one or more districts including metropolitan areas to try offences under the Act. The tribunal will be headed by a judicial officer of the level of district and sessions judge. The government may also depending on need appoint a district and sessions judge to dispose of cases of the tribunal in addition to his own duties.
Tribunals or special courts are set up under different acts dealing with particular offences. In fact the distinction between special courts and special tribunals is not very clear. Both are courts empowered under the relevant acts to try offences as defined in the Acts. In practice, however, the distinction lies in the importance of the offences. The word tribunal is used in cases where offences are of serious and grave nature requiring trial by district and sessions judges or similar other judicial officers. On the other hand, special courts may be headed by specially empowered magistrates.
It is possible to cite many examples of special courts in the Bangladesh context. The Bangladesh Food (Special Courts) Act, 1956 (Act X of 1956) provides for setting up of courts for speedy trial of offences relating to food stuffs. Offences under this Act are tried by special magistrates appointed by the government. Similarly, offences under Emigration Ordinance, 1982 (Ordinance XXIX of 1982) are triable by special courts set up under this law.
At the other end, there are examples of tribunal to try specific offences under a particular law. The Bangladesh Anti-Corruption (Tribunal) Ordinance, 1960 provides for setting up tribunals for speedy trial of offences punishable under the Bangladesh Anti-Corruption Act, 1957. The law setting up of tribunal does not, however, use the word special. It simply states that tribunals shall be set up having exclusive jurisdiction to try offences as defined in the Bangladesh Anti-Corruption Act, 1957. It further states that every sessions judge, within the territorial limits of his jurisdiction, shall constitute a tribunal. [AMM Shawkat Ali]
