Concerning judicial cognizance of the conciliation Courts' cases

Local Conciliation Courts more specifically the Village Courts and Municipal Conciliation Boards are special type of dispute resolving forum designed for simplified and swift disposal of the petty cases having limited suit-value. These sorts of Courts are functioning with a view to lessening the mounting burden of cases from the District Courts. These Courts are constituted in those localities (unions or municipalities) where the cause of action arises. It is not made clarified in the constituent enactments of these Courts whether these Courts can take cognizance of the cases triable by them. In the name of 'exclusive jurisdiction' to try the cases subject matter of which fall within the scheme of the schedule of the said enactments the competence to try  the cases are expressly enumerated but the issue of  cognizance is untold in the four-corners of the concerned statutes.
However, to be precise regarding the question as to the cognizance of any case enshrining allegations which are exclusively triable by Village Courts and Municipal Conciliation Boards I am inclined to share some of my understandings as I had the opportunity to preside some cognizance and trial Courts in the judicial magistracy under Bangladesh Judicial Service.
To be straightforward, so far as my perception of criminal justice system of Bangladesh and criminal jurisprudence is concerned a Judge or a Judicial/Metropolitan Magistrate while exercising judicial function in any given criminal Court must be keen to apply his judicial mind (more appropriate it will be to designate the expression as 'judicious application of mind') and has to bear in his/her mind the peremptory principles of both 'legal justice' and 'natural justice'. The intention of framers of any law and the social context of the jurisdiction are other two cardinal aspects to be kept in the head while dispensing the justice.
It is spelt out in section 3(1) of Village Court Act, 2006 and section 4(1) of Conciliation of Disputes (Municipality) Board Act, 2004 that notwithstanding anything contained in the Code of Criminal Procedure or the Code of Civil Procedure, no civil or criminal Court have jurisdiction to try the matters mentioned in part 1 and part 2 of the schedule of the said Acts. But the Act does not enunciate any explicit statutory bar for taking cognizance by any Court competent to take cognizance of any offence exclusively triable by the Village Courts. There are two alternative but equally efficacious legal gateways for the litigant people to get legal relief from the Village Courts/ Municipal Conciliation Boards (for the Municipalities) i.e. any complainant/accuser can lodge his complaint directly to the concerned UP Chairman or any complainant/accuser can lodge his complaint to the concerned cognizance-taking Court within whose territorial jurisdiction the alleged offences are alleged to have been committed. The concerned cognizance-taking Court has legal competence to take all the cases even if the allegations contained therein are exclusively triable by local conciliation judicial entity.
Arguably, there is no legal scope to send or forward any case directly to the Village Courts from the Court of Cognizance. Rather once a case which is ready for trial has to be transmitted to concerned Court i.e. the Court of Chief Judicial Magistrate (CJM Court) to be sent for trial to appropriate trial Court. The CJM Court if thinks fit can send the cases which are exclusively triable by the local Conciliation Courts to the Village Courts (for Union Parishad area) or Municipal Conciliation Boards (for the Municipalities) as the case may be.
Nonetheless the trial Court to which the case is forwarded can at the initial stage of trial (even after hearing for charge framing but without framing the charge) if the case appears to be having only allegation(s) exclusively triable by the Village Courts or Municipal Conciliation Board send the case to the concerned Village Court or Municipal Conciliation Board as the case may be. After receiving complaint directly from the complainant or having received such a complaint via any Court of judicial magistracy the adjudication procedure of those Courts regarding any criminal case shall be conducted in accordance with Village Courts Act, 2006 or Conciliation of Disputes(Municipality) Board Act, 2004 as the case may be.
For the conciliation Courts it is worth mentioning here that unlike formal Courts no lawyers can be legally engaged to plead on behalf of the contesting parties. Moreover, if any offence which is not triable by such Courts is alleged with the triable offences then the case can in no way be tried by such Courts. In that case those cases must be sent back to the concerned  criminal Court having the territorial and subject-matter related jurisdiction.
Nonetheless jurisdiction of these Courts has been ousted in those cases where the interest of any minor is involved and/or where any covenant incorporating an arbitration clause exists between the contesting parties and/or where the Government or any local authority or any on-duty public servant happens to be a party of the alleged dispute.

The writer is a Member of Bangladesh Judicial Service.