Supreme Court of Bangladesh

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Supreme Court of Bangladesh
বাংলাদেশ সুপ্রীম কোর্ট
বাংলাদেশ সুপ্রীম কোর্টের সিলমোহর.svg
Supreme Court of Bangladesh Logo
LocationRamna, Dhaka 1000, Bangladesh
Coordinates23°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 byConstitution of Bangladesh
Judge term lengthMandatory retirement at 67 years of age.
Number of positions6 in Appellate Division 97 in High Court Division
Websitesupremecourt.gov.bd
Chief Justice of Bangladesh
CurrentlySyed Mahmud Hossain
Since3 February 2018
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This article is part of a series on the
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Supreme Court of Bangladesh in Dhaka

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 November 2020, there are 8 Justices in Appellate Division and 94 (85 are permanent and 9 are additional) in High Court Division.[1]

Structure[edit]

The Supreme Court of Bangladesh is divided into two parts: the Appellate Division and 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 seat of judges in the High Court Division is the post of Additional Judge who are appointed from the practising 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 of Bangladesh under the provision of Article 95 of the Constitution. The judges of the Appellate Division are also appointed by the President of Bangladesh 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 they attain the age of 67 years as extended by the provision of article 95 of Constitution (Thirteenth) 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 summarised 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. The Chancery Law Chronicles offers the online service of judgments of Supreme Court of Bangladesh.

Criticism[edit]

Although Bengali is the only state language of Bangladesh in accordance with the article 3 of the Constitution of Bangladesh, the verdicts given by the judges at the Supreme Court of Bangladesh are frequently in English following the colonial tradition of the British rule, violating the Bengali Language Implementation Act, 1987.[6] Sheikh Hasina, the incumbent and longest serving Prime Minister of Bangladesh, suggested that the judges should deliver their verdicts in Bengali so that every Bangladeshi can read them, and, later on if need be, the verdicts could be translated into English.[7] Muhammad Habibur Rahman, a former Chief Justice of Bangladesh stated that if justice is a virtue and a service to the people, then verdicts should be given in Bengali.[8] He also stated that if the people of the country want that all works in the Supreme Court must be operated in Bengali, then the representatives of the people in the Jatiya Sangsad (Parliament of Bangladesh) must enact and implement law to ensure the use of Bengali in the Supreme Court.[8]

Judges[edit]

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 a justice Law school
Chief 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[9] 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 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 Mirza Hussain Haider 8 February 2016[10] 3 July 2001 28 February 2021 Shahabuddin Ahmed Sheikh Hasina (Awami League) Advocate at Supreme Court Dhaka University
Justice Abu Bakar Siddiquee [1] 9 October 2018 30 June 2009 28 July 2021 Zillur Rahman Sheikh Hasina (Awami League) District and Session Judge, Advocate at District Court Rajshahi University
Justice Md. Nuruzzaman 9 October 2018 30 June 2009 30 June 2023 Zillur Rahman Sheikh Hasina (Awami League) Advocate at Supreme Court unknown
Justice Obaidul Hassan [2] 3 September 2020 30 June 2009 10 January 2026 Zillur Rahman Sheikh Hasina (Awami League) Advocate at Supreme Court Dhaka University

Sitting Permanent Judges of the High Court Division[edit]

  1. Madame Justice Salma Masud Chowdhury
  2. Justice Muhammad Abdul Hafiz
  3. Justice Dr. Syed Refaat Ahmed
  4. Justice Miftah Uddin Choudhury
  5. Justice A. K. M. Asaduzzaman
  6. Justice Md. Ashfaqul Islam
  7. Justice Zubayer Rahman Chowdhury
  8. Justice Md. Emdadul Huq
  9. Justice Md. Rais Uddin
  10. Justice Md. Emdadul Haque Azad
  11. Justice Md. Ataur Rahman Khan
  12. Justice Syed Md. Ziaul Karim
  13. Justice Md. Rezaul Haque
  14. Justice Sheikh Abdul Awal
  15. Justice S. M. Emdadul Hoque
  16. Justice Mamnoon Rahman
  17. Madame Justice Farah Mahbub
  18. Justice A. K. M. Abdul Hakim
  19. Justice Borhanuddin
  20. Justice Soumendra Sarker
  21. Justice M Enayetur Rahim
  22. Madame Justice Dr. Naima Haydar
  23. Justice Md. Rezaul Hasan
  24. Justice Md. Faruque[11]
  25. Justice F. R. M. Nazmul Ahsan
  26. Madame Justice Krishna Debnath
  27. Justice A. N. M. Bashir Ullah
  28. Justice Abdur Rob
  29. Justice Dr. Quazi Reza-Ul Hoque
  30. Justice Md. Abu Zafor Siddique
  31. Justice A. K. M. Zahirul Hoque
  32. Justice Jahangir Hossain
  33. Justice Sheikh Md. Zakir Hossain
  34. Justice Md. Habibul Gani
  35. Justice Gobinda Chandra Tagore
  36. Justice Sheikh Hassan Arif
  37. Justice J. B. M. Hassan
  38. Justice Md. Ruhul Quddus[12]
  39. Justice Md. Khasruzzaman
  40. Justice Farid Ahmed
  41. Justice Md. Nazrul Islam Talukder
  42. Justice M Akram Hossain Chowdhury [13][14]
  43. Justice M Ashraful Kamal
  44. Justice K. M. Kamrul Kader[15][16]
  45. Justice Mohammad Mujibur Rahman Miah
  46. Justice Mostofa Zaman Islam
  47. Justice Mohammadullah
  48. Justice Mohammad Khurshid Alam Sarker
  49. Justice A K M Shahidul Haque
  50. Justice Shahidul Karim
  51. Justice Mohammad Jahangir Hossain
  52. Justice Abu Taher Mohammad Saifur Rahman
  53. Justice Ashish Ranjan Daash[17][18]
  54. Justice Mahmudul Haque
  55. Justice Badruzzaman Badol
  56. Justice Zafar Ahmed
  57. Justice Kazi Md. Ejarul Haque Akondo
  58. Justice Mohammad Shahinur Islam[19]
  59. Madame Justice Kashefa Hussain
  60. Justice Syed Mohammad Mozibur Rahman[20]
  61. Justice Amir Hossain [3]
  62. Justice Khizir Ahmed Choudhury
  63. Justice Razik Al-Jalil
  64. Justice Bhishmadev Chakrabortty
  65. Justice Md. Iqbal Kabir
  66. Justice Md. Salim
  67. Justice Md. Sohrowardi
  68. Justice Md. Abu Ahmed Jamadar [4] [5]
  69. Justice A.S.M Abdul Mobin
  70. Justice Md Mostafizur Rahman
  71. Madam Justice Fatema Najib
  72. Justice Md. Kamrul Hossain Molla
  73. Justice SM Kuddus Zaman
  74. Justice Md. Atowar Rahman
  75. Justice Khizir Hayat
  76. Justice Shashanka Shekhar Sarkar
  77. Justice Mohammad Ali
  78. Justice Mohi Uddin Shamim
  79. Justice Md. Riaz Uddin Khan
  80. Justice M Khairul Alam
  81. Justice S.M Moniruzzaman
  82. Justice Ahmed Sohel
  83. Justice Sardar Mohammad Rashed Jahangir
  84. Justice Khondaker Diliruzzaman
  85. Justice KM Hafizul Alam

Sitting Additional Judges of the High Court Division[edit]

  1. Justice Muhammad Mahbub-Ul-Islam [6]
  2. Justice Shahed Nuruddin
  3. Justice Md Zakir Hossain
  4. Justice Md Akhtaruzzaman
  5. Justice Md Mahmud Hasan Talukder
  6. Justice Kazi Ebadoth Hossain
  7. Justice KM Zahid Sarwar
  8. Justce AKM Zahirul Haque
  9. Madam Justice Kazi Zinat Hoque

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

Madame Justice Nazmun Ara Sultana was the first ever female justice, and Madame Justice Krishna Debnath is the first female Hindu justice of Bangladesh. There are currently seven 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, on 17 November 1988, when he was a leader of Jatiyo Samajtantrik Dal (JSD), and Justice Mohammad Khosruzzaman was overtly involved in contempt of court on 30 November 2006.[21]

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

Justice Mohammad Nizamul Huq resigned from the post of International Crimes Tribunal (ICT)-1 chairman on 11 December 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 17 February The Daily Inqilab report, termed slain (on 15 February 2013) 2013 Shahbag protests activist and blogger Ahmed Rajib Haider was a moortad (heretic), among the justices of the Supreme Court of Bangladesh.[24]

Justice A B M Altaf Hossain was not confirmed as a permanent justice on 12 June 2014 despite recommendation from the Chief Justice of Bangladesh. So he has served legal notices to the top bureaucrats of Bangladesh government to reinstate him within 72 hours.[25]

Chief Justice Surendra Kumar Sinha resigned on 11 November 2017 from Singapore while on a leave, and transiting from Australia to Canada.[26]

See also[edit]

References[edit]

  1. ^ 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 "Article 94. Establishment of Supreme Court". The Constitution of the People's Republic of Bangladesh. Ministry of Law, The People's Republic of Bangladesh.
  6. ^
  7. ^ "রায় লিখুন বাংলায়, যাতে মানুষ বোঝে: প্রধানমন্ত্রী" ['Write verdicts in Bengali so that people understand' - Prime Minister]. bdnews24.com. 21 February 2019. Archived from the original on 22 February 2019. Retrieved 26 March 2019.
  8. ^ a b Rahman, Muhammad Habibur (2014). "Bangla Bhashar Sangram Ekhono Asamapto" বাংলা ভাষার সংগ্রাম এখনো অসমাপ্ত [Bengali language movement yet to be successful]. Prothome Matribhasha Parobhasha Porey প্রথমে মাতৃভাষা পরভাষা পরে [The first language first, the second language second] (in Bengali) (2nd ed.). Dhaka: The University Press Limited. pp. 51–52. ISBN 978 984 506 181 0.
  9. ^ http://www.amardeshonline.com/pages/details/2010/05/05/30393
  10. ^ "10 HC judges sworn in". 26 March 2009. Retrieved 12 November 2016.
  11. ^ "Appointment of 15 judges regularised". 12 April 2012. Retrieved 12 November 2016.
  12. ^ "4 HC judges to be sworn in today". 15 October 2012. Retrieved 12 November 2016.
  13. ^ "Jobs of 4 HC judges regularised". 10 December 2012. Retrieved 12 November 2016.
  14. ^ BanglaNews24.com. "bangla news and entertainment 24x7 - banglanews24.com". Retrieved 12 November 2016.
  15. ^ "News in Brief". 8 October 2013. Retrieved 12 November 2016.
  16. ^ "bdnews24.com". Retrieved 12 November 2016.
  17. ^ "5 addl HC judges sworn in". 12 June 2014. Retrieved 12 November 2016.
  18. ^ "Justice Manik tasked with criminal cases". 15 June 2012. Retrieved 12 November 2016.
  19. ^ "Newly appointed HC judges take oath". 6 August 2013. Retrieved 12 November 2016.
  20. ^ "10 HC judges sworn in". 13 February 2015. Retrieved 12 November 2016.
  21. ^ "Oath of 2 angers pro-BNP lawyers". 5 November 2010. Retrieved 12 November 2016.
  22. ^ "CJ-hopeful Nayeem resigns". 13 May 2011. Retrieved 12 November 2016.
  23. ^ "Remove Justice Nizamul from HC". 31 December 2012. Retrieved 12 November 2016.
  24. ^ "Pro-BNP, Jamaat lawyers oppose president's move". 27 February 2013. Retrieved 12 November 2016.
  25. ^ http://theindependentbd.com/index.php?option=com_content&view=article&id=221939:legal-notice-served-on-govt&catid=132:backpage&Itemid=122
  26. ^ "President's office receives Justice Sinha's resignation". bdnews24.com. Retrieved 20 March 2018.

External links[edit]