Supreme Court of Bangladesh

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Supreme Court of Bangladesh
বাংলাদেশ সুপ্রীম কোর্ট
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Supreme Court of Bangladesh Logo
Country People's Republic of Bangladesh
Location Ramna, Dhaka 1000, Bangladesh
Coordinates 23°43′51″N 90°24′09″E / 23.730777°N 90.402458°E / 23.730777; 90.402458Coordinates: 23°43′51″N 90°24′09″E / 23.730777°N 90.402458°E / 23.730777; 90.402458
Authorized by Constitution of Bangladesh
Website supremecourt.gov.bd
Chief Justice of Bangladesh
Currently Md. Muzammel Hossain[1]
Since May 18, 2011 [1]

The Supreme Court of Bangladesh (Bengali: বাংলাদেশ সুপ্রীম কোর্ট) is the highest court of law in Bangladesh. It is composed of the High Court Division and the Appellate division, and was created by Part VI Chapter I of the Constitution of Bangladesh adopted in 1972. This is also the office of the Chief Justice, Appellate Division Justices, and High Court Division Justices of Bangladesh. As of May 2013, there are 10 Justices in Appellate Division and 90 (74 are permanent and 16 are additional) in High Court Division.[1]

Contents

Structure [edit]

Supreme Court of Bangladesh divided in two parts. First, the Appellate Division and second is the High Court Division. The High Court Division hears appeals from lower courts and tribunals; it also has original jurisdiction in certain limited cases, such as writ applications under article 102 of the Constitution of Bangladesh, and company and admiralty matters. The Appellate division has jurisdiction to hear appeals from the High Court Division.[2][3] The Supreme Court is independent of the executive branch, and is able to rule against the government in politically controversial cases.[4]

The Chief Justice of Bangladesh and other judges of the supreme court are appointed by the President of Bangladesh with prior mandatory consultation with the Prime Minister.[5] The entry point to the sit of judges in the High Court Division is the post of Additional Judge who are appointed from among the practicing Advocates of the Supreme Court Bar Association and from the judicial service under the provision of article 98 of the constitution for a period of two years. The current ratio of such appointment is 80%-20%. Upon successful completion of this period and upon recommendation by the chief Justice an Additional Judge is appointed permanently by the President under the provision of article 95 of the constitution. The judges of the Appellate Division are also appointed by the President under the same provision. All such appointments come into effect on and from the date of taking oath by the appointee under the provision of article 148 of the constitution.[5]

A judge of the Bangladesh Supreme court holds office until he/she attains the age of 67 years as extended by the provision of Constitution (Thirteen) amendment Act 2004 (Act 14 of 2004). A retiring judge faces disability in pleading or acting before any court or authority or holding any office of profit in the service of the republic, not being a judicial or quasi judicial office or the office of the Chief Adviser or Adviser.[5]

A Supreme Court Judge is not removable from office except in accordance with the provision of article 96 of the constitution which provides for Supreme Judicial Council empowering it to remove a judge of the supreme court from office upon allowing the delinquent judge an opportunity of being heard. The supreme judicial council is constituted with the Chief Justice of Bangladesh and next two senior judge of the Appellate Division, provided if at any time the council inquiring into the capacity or conduct of a judge who is a member of the supreme judicial council,or a member of the council is absent or is unable to act due to illness or other cause, the judge who is the next in seniority to those who are members of the council shall act as such member.[5]

Supreme court judges are independent in their judicial function as empowered through article 94(4) of the constitution.[5]

Judgments of Supreme Court of Bangladesh [edit]

As per Article 111 of the Constitution of Bangladesh, 1972, the Supreme Court judgments have binding effects and the article provides that the law declared by the Appellate Division shall be binding on the High Court Division and the law declared by either division of the Supreme Court shall be binding on all courts subordinate to it.

These judgements are usually digested in the Bangladesh Supreme Court Digest. There are also many law reports which publish the judgments and orders of the Supreme Court. All these law reports are in printed volumes. Only Chancery Law Chronicles offers the Online service of judgments of Supreme Court of Bangladesh.

Judges [edit]

As of 2013:

Sitting Judges of the Appellate Division [edit]

Name Date appointed in Appellate Division Date appointed in High Court Division as additional judge Mandatory retirement Appointing President at High Court Division Prime Minister at time of appointment in High Court Division Judicial position before appointment as Justice Law school
Chief Justice Md. Muzammel Hossain [2] 16 July 2009 27 April 1998 16 January 2015 Shahabuddin Ahmed Sheikh Hasina (Awami League) Advocate at Supreme Court Dhaka University; University of Sheffield; Lincoln's Inn
Justice Surandra Kumar Sinha 16 July 2009 [3] 24 October 1999 31 January 2018 Shahabuddin Ahmed Sheikh Hasina (Awami League) Advocate at Supreme Court Chittagong University
Justice Md. Abdul Wahhab Miah 23 February 2011 [4] 24 October 1999 10 November 2018 Shahabuddin Ahmed Sheikh Hasina (Awami League) Advocate at Supreme Court Dhaka University
Madame Justice Nazmun Ara Sultana 23 February 2011 [5] 28 May 2000 7 July 2017 Shahabuddin Ahmed Sheikh Hasina (Awami League) District and Session Judge Dhaka University
Justice Syed Mahmud Hossain 23 February 2011 22 February 2001 30 December 2021 Shahabuddin Ahmed Sheikh Hasina (Awami League) Deputy Attorney General Dhaka University
Justice Md. Imman Ali [6] 23 February 2011 22 February 2001 31 December 2022 Shahabuddin Ahmed Sheikh Hasina (Awami League) Advocate at Supreme Court Chittagong University; Dhaka University; Lincoln's Inn
Justice Mohmmad Anwarul Haque 31 March 2013 3 July 2001 8 April 2014 Shahabuddin Ahmed Sheikh Hasina (Awami League) District and Session Judge Dhaka University
Justice Siddiqur Rahman Miah 31 March 2013 29 July 2002 1 June 2013 Muhammad Jamiruddin Sarkar (Bangladesh Nationalist Party) Khaleda Zia (Bangladesh Nationalist Party) District and Session Judge Dhaka University
Justice Hasan Foez Siddique 31 March 2013 22 February 2001 25 September 2023 Shahabuddin Ahmed Sheikh Hasina (Awami League) Advocate at Supreme Court Chittagong University
Justice A. H. M. Shamsuddin Chowdhury [7] 31 March 2013 3 July 2001 1 October 2015 Shahabuddin Ahmed Sheikh Hasina (Awami League) Deputy Attorney General Unknown

Sitting Permanent Judges of the High Court Division [edit]

  1. Justice Nozrul Islam Chowdhury
  2. Justice Syed Muhammad Dastagir Husain
  3. Justice Mirza Hussain Haider
  4. Justice Abdul Awal
  5. Justice Sharif Uddin Chaklader
  6. Justice Mizanur Rahman Bhuiyan [8]
  7. Justice Syed A B Mahmudul Huq
  8. Justice Tariq ul Hakim
  9. Madame Justice Salma Masud Chowdhury
  10. Justice A.F.M. Ali Asgar
  11. Justice Farid Ahmed
  12. Justice Shamim Hasnain
  13. Justice A.F.M Abdur Rahman
  14. Justice Dr. Md. Abu Tariq
  15. Madame Justice Zinat Ara
  16. Justice Muhammad Abdul Hafiz
  17. Justice Dr. Syed Refaat Ahmed
  18. Justice A. T. M. Fazle Kabir
  19. Justice Miftah Uddin Choudhury
  20. Justice A. K. M. Asaduzzaman
  21. Justice Md. Ashfaqul Islam
  22. Justice Zubayer Rahman Chowdhury
  23. Justice Shahidul Islam
  24. Justice Md. Abdul Hye
  25. Justice Quamrul Islam Siddiqui
  26. Justice Md. Fazlur Rahman
  27. Justice Moyeenul Islam Chowdhury
  28. Justice Md. Emdadul Huq
  29. Justice Md. Rais Uddin
  30. Justice Md. Emdadul Haque Azad
  31. Justice Md. Ataur Rahman Khan
  32. Justice Syed Md. Ziaul Karim
  33. Justice Md. Rezaul Haque
  34. Justice Sheikh Abdul Awal
  35. Justice S. M. Emdadul Hoque
  36. Justice Mamnoon Rahman
  37. Madame Justice Farah Mahbub
  38. Justice Md. Abdur Razzaque [9]
  39. Justice Md. Nizamul Huq [10] [11]
  40. Justice Mohammad Bazlur Rahman
  41. Justice A. K. M. Abdul Hakim
  42. Justice Borhanuddin
  43. Justice M. Moazzam Husain
  44. Justice Soumendra Sarker
  45. Justice Abu Bakar Siddiquee
  46. Justice Md. Nuruzzaman
  47. Justice Md. Moinul Islam Chowdhury
  48. Justice Obaidul Hassan
  49. Justice M Enayetur Rahim
  50. Madame Justice Dr. Naima Haydar
  51. Justice Md. Rezaul Hasan
  52. Justice Md. Faruque [12]
  53. Justice Md. Shawkat Hossain
  54. Justice F. R. M. Nazmula Ahasan
  55. Madame Justice Krishna Debnath
  56. Justice A. N. M. Bashir Ullah
  57. Justice Abdur Rob
  58. Justice Dr. Quazi Reza-Ul Hoque
  59. Justice Md. Abu Zafor Siddique
  60. Justice A. K. M. Zahirul Hoque
  61. Justice Jahangir Hossain
  62. Justice Sheikh Md. Zakir Hossain
  63. Justice Md. Habibul Gani
  64. Justice Gobinda Chandra Tagore
  65. Justice Sheikh Hassan Arif
  66. Justice J. B. M. Hassan
  67. Justice Md. Ruhul Quddus [13]
  68. Justice Md. Khasruzzaman
  69. Justice Farid Ahmed
  70. Justice Md. Nazrul Islam Talukder
  71. Justice Bhabani Prasad Singh [14] [15]
  72. Justice Anwarul Haque
  73. Justice M Akram Hossain Chowdhury
  74. Justice M Ashraful Kamal

Additional Judges of Highcourt Division [edit]

  1. Justice S H Nurul Huda Jaygirdar [16]
  2. Justice K M Kamrul Kader
  3. Justice Md. Khurshid Alam Sarker
  4. Justice Md. Mujibur Rahman Miah
  5. Justice Mostofa Zaman Islam
  6. Justice Mohammadullah
  7. Justice A K M Shahidul Haque
  8. Justice Shahidul Karim
  9. Justice Md. Jahangir
  10. Justice Abu Taher Md. Saifur Rahman
  11. Justice A B M Altaf Hossain [17]
  12. Justice Ashish Ranjan Das
  13. Justice Mahmudul Haque
  14. Justice Badruzzaman Badal
  15. Justice Zafar Ahmed
  16. Justice Kazi M Ejarul Haque Akond

Justice Surandra Kumar Sinha is the first justice appointed from Monipuri or any minority Ethnic groups in Bangladesh. Newly appointed additional judge Justice Bhabani Prasad Sinha is also from the same community.

Madame Justice Nazmun Ara Sultana is the first ever female justice, and Madame Justice Krishna Debnath is the first female Hindu justice of Bangladesh. There are five female justices in the supreme court.

Controversy [edit]

Former Chief Justice Mohammad Fazlul Karim withheld the oath taking of Justice Md. Ruhul Quddus (Babu) as he was involved in the murder of Aaslam, a pro-Jamaat-e-Islami Bangladesh student of Rajshahi University, in 17 November 1988, when he was a leader of Jatiyo Samajtantrik Dal (JSD), and Justice Mohammad Khosruzzaman was overtly involved in contempt of court in 30 November 2006. [18] Justice Nazrul Islam Talukder was the counsel of Captain (Rtd.) Qismet Hashem, one of the accused in Assassination of Sheikh Mujibur Rahman, the first President of Bangladesh, and the jail killing in 1975.

Justice Imman Ali is a British citizen [19], [20], which may preclude him from taking the post of justice in Bangladesh. [21]

Justice Abu Nayeem Mominur Rahman, an appellate division judge, first ever among these judges, resigned on May 12, 2011 due to supersession, as he was presumed to be the Chief Justice of Bangladesh on May 18, 2011. [22]

Justice Mohammad Nizamul Huq resigned from the post of International Crimes Tribunal (ICT)-1 chairman on December 11, 2012 amid controversy for holding Skype conversations with an expatriate Bangladeshi legal expert based in Belgium.[23]

President of Bangladesh ordered for formation of a Supreme Judicial Council to investigate alleged misconduct of High Court judge Justice Mizanur Rahman Bhuiyan after he distributed copies of a February 17 The Daily Inqilab report, termed slain (on 15 February 2013) 2013 Shahbag protests activist and blogger Ahmed Rajib Haidar a moortad (heretic), among the justices of the Supreme Court of Bangladesh. [24]

Three High Court judges were promoted to the Appellate Division by supersession, e.g. Justice Siddiqur Rahman Miah superseded 3 senior judges, Justice Hasan Foez Siddique and Justice A. H. M. Shamsuddin Chowdhury superseded 40 senior judges. It was widely believed that the promotions had been made on political basis. Moreover, just few months before this promotion to the Appellate Division, the Jatiya Sangsad passed a resolution accusing Justice A. H. M. Shamsuddin Chowdhury for violating the constitution and his oath. Speaker Abdul Hamid, who issued the ruling against Justice A. H. M. Shamsuddin Chowdhury, later become the President of Bangladesh, after the death of President Zillur Rahman.

See also [edit]

References [edit]

  1. ^ a b List of Judges in Supreme Court of Bangladesh; SupremeCourt.gov.bd
  2. ^ Supreme Court of Bangladesh, Ministry of LPAP, Justice and Parliamentary Affairs of Bangladesh
  3. ^ First Bangladesh Online Case Law Database, Chancery Law Chronicles- Database of Judgements of Appellate Division of Supreme Court
  4. ^ Bangladesh, "Jurist Legal News and Research", University of Pittsburgh School of Law
  5. ^ a b c d e Constitution of Bangladesh

External links [edit]

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