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Supreme Court of Bangladesh

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Supreme Court of Bangladesh (Bengali: বাংলাদেশ সুপ্রীম কোর্ট, romanized: Bānlādēś suprīm kōrṭ) 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 (article 94) of the Constitution of Bangladesh adopted in 1972.[1] This is also the office of the Chief Justice, Appellate Division Justices, and High Court Division Justices of Bangladesh. As of August 2024, there are 6 Justices in Appellate Division and 78 Justices (76 are permanent and 2 are additional) in High Court Division.[2]

Supreme Court of Bangladesh
বাংলাদেশ সুপ্রীম কোর্ট
Supreme Court of Bangladesh Logo
Map
23°43′51″N 90°24′09″E / 23.7308°N 90.4025°E / 23.7308; 90.4025
LocationRamna, Dhaka 1000, Bangladesh
Coordinates23°43′51″N 90°24′09″E / 23.7308°N 90.4025°E / 23.7308; 90.4025
Authorised byConstitution of Bangladesh
Judge term lengthMandatory retirement at 67 years of age.
Number of positions6 in Appellate Division 95 in High Court Division
Annual budget৳282 crore (US$24 million) (2024-2025)
Websitesupremecourt.gov.bd
Chief Justice of Bangladesh
CurrentlySyed Refaat Ahmed
Since10 August 2024
Supreme Court of Bangladesh in Dhaka

Structure

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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 101 of the Constitution of Bangladesh, and company and admiralty matters. The Appellate Division has jurisdiction to hear appeals from the High Court Division under article 103 of the constitution of Bangladesh.[3][4] The Supreme Court is independent of the executive branch, and is able to rule against the government in politically controversial cases.[5]

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.[6] 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.[6]

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.[6]

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.[6]

Supreme court judges are independent in their judicial function as empowered through article 94(4) of the Constitution.[6]

Judgments

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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.

Language

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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.[7] Sheikh Hasina, the immediate past 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.[8] 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.[9] 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.[9]

Justices

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Sitting justices of the Appellate Division

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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 Refaat Ahmed [1] 10 August 2024 27 August 2003 27 December 2025 Iajuddin Ahmed Khaleda Zia (BNP) Advocate at Supreme Court Dhaka University, Tufts University Oxford University
Justice Md. Ashfaqul Islam [2] 9 December 2022 27 August 2003 14 July 2026 Iajuddin Ahmed Khaleda Zia (BNP) Advocate at Supreme Court Dhaka University
Justice Zubayer Rahman Chowdhury [3] 13 August 2024 27 August 2003 17 May 2028 Iajuddin Ahmed Khaleda Zia (BNP) Advocate at Supreme Court Dhaka University
Justice Syed Md. Ziaul Karim 13 August 2024 27 August 2003 11 December 2024 Iajuddin Ahmed Khaleda Zia (BNP) Advocate at Supreme Court Dhaka University
Justice Md. Rezaul Haque 13 August 2024 27 August 2003 23 April 2027 Iajuddin Ahmed Khaleda Zia (BNP) Advocate at Supreme Court Dhaka University
Justice S. M. Emdadul Hoque 13 August 2024 27 August 2003 6 November 2030 Iajuddin Ahmed Khaleda Zia (BNP) Advocate at Supreme Court Dhaka University

Sitting Permanent Judges of the High Court Division

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  1. Madam Justice Salma Masud Chowdhury
  2. Justice A. K. M. Asaduzzaman
  3. Justice Md. Ataur Rahman Khan
  4. Justice Sheikh Abdul Awal
  5. Justice Mamnoon Rahman
  6. Madam Justice Farah Mahbub
  7. Madam Justice Naima Haider
  8. Justice Md. Rezaul Hasan
  9. Justice Abdur Rob
  10. Justice Dr. Quazi Reza-Ul Hoque
  11. Justice A. K. M. Zahirul Hoque
  12. Justice Sheikh Md. Zakir Hossain
  13. Justice Md. Habibul Gani
  14. Justice Gobinda Chandra Tagore
  15. Justice Sheikh Hassan Arif
  16. Justice J. B. M. Hassan
  17. Justice Md. Ruhul Quddus[10]
  18. Justice Md. Khasruzzaman
  19. Justice Farid Ahmed
  20. Justice Md. Nazrul Islam Talukder
  21. Justice M Akram Hossain Chowdhury[11][12]
  22. Justice M Ashraful Kamal
  23. Justice K. M. Kamrul Kader[13][14]
  24. Justice Md. Mozibur Rahman Miah
  25. Justice Mostofa Zaman Islam
  26. Justice Mohammad Ullah
  27. Justice Muhammad Khurshid Alam Sarkar
  28. Justice Shahidul Karim
  29. Justice Mohammad Jahangir Hossain
  30. Justice Abu Taher Mohammad Saifur Rahman
  31. Justice Ashish Ranjan Das[15][16]
  32. Justice Mahmudul Haque
  33. Justice Badruzzaman Badol
  34. Justice Zafar Ahmed
  35. Justice Kazi Md. Ejarul Haque Akondo
  36. Justice Khizir Ahmed Choudhury[17][18]
  37. Justice Razik-Al-Jalil
  38. Justice Bhishmadev Chakrabortty
  39. Justice Md. Iqbal Kabir
  40. Justice Md. Salim
  41. Justice Md. Shohrowardi
  42. Justice A. S. M. Abdul Mobin[19][20]
  43. Justice Md Mostafizur Rahman
  44. Madam Justice Fatema Najib
  45. Justice Md. Kamrul Hossain Molla
  46. Justice S. M. Kuddus Zaman
  47. Justice Md Atoar Rahman
  48. Justice Khizir Hayat
  49. Justice Shashanka Shekhar Sarkar
  50. Justice Mohammad Ali
  51. Justice Mohi Uddin Shamim
  52. Justice Md. Riaz Uddin Khan
  53. Justice Md Khairul Alam
  54. Justice S. M. Moniruzzaman
  55. Justice Ahmed Sohel
  56. Justice Sardar Mohammad Rashed Jahangir
  57. Justice Khondaker Diliruzzaman
  58. Justice K. M. Hafizul Alam
  59. Justice Muhammad Mahbub-Ul-Islam[21]
  60. Justice Shahed Nuruddin
  61. Justice Md Zakir Hossain
  62. Justice Md Akhtaruzzaman
  63. Justice Md Mahmud Hasan Talukder
  64. Justice Kazi Ebadoth Hossain
  65. Justice K. M. Zahid Sarwar
  66. Justice A. K. M. Zahirul Huq
  67. Madam Justice Kazi Zinat Hoque
  68. Justice Mohammad Showkat Ali Chowdhury[22] [4]
  69. Justice Md. Atabullah
  70. Justice Biswajit Debnath
  71. Justice Md. Ali Reza
  72. Justice Md. Bazlur Rahman
  73. Justice K. M. Emrul Kayesh
  74. Justice Fahmida Quader
  75. Justice Md. Bashir Ullah
  76. Justice A. K. M. Rabiul Hassan

Sitting Additional Judges of the High Court Division

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  1. Justice Md. Aminul Islam
  2. Justice S M Masud Hossain Dolon

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

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In 2004, Justice Syed Shahidur Rahman was terminated by President Iajuddin Ahmed on corruption allegation.[23]

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.[24]

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.[25]

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.[26]

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.[27]

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.[28]

Chief Justice Surendra Kumar Sinha resigned on 11 November 2017 from Singapore while on a leave, and transiting from Australia to Canada.[29] Later on former Chief Justice Surendra Kumar Sinha was sentenced in absentia to 11 years in jail for money laundering and criminal breach of trust.[30]

Former justice AHM Shamsuddin Chowdhury Manik, a judge of the appellate Division of Supreme Court of Bangladesh gained notoriety for number of controversies.In 2003, he accused traffic police officers of contempt of court for not saluting his car while it was passing. The then Inspector General of Police of Bangladesh Police, Shahudul Haque, issued a rejoinder that said traffic police are under no obligations to salute anyone and they could do so if it was safe. Bangladesh High Court bench of Justice M A Matin and Justice Syed Refat Ahmed issued a contempt of court charge against Haque which automatically removed him from the post of Inspector General according to the law. The government of Bangladesh secured a presidential pardon that protected Haque's job.[31][32] He was also criticised for his vitriolic attack on various politicians including Speaker and members of the Parliament.[33]

See also

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References

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  1. ^ "Jurisdiction the Supreme Court". Archived from the original on 5 August 2024. Retrieved 28 August 2024.
  2. ^ List of Judges in Supreme Court of Bangladesh Archived 1 August 2015 at the Wayback Machine
  3. ^ Supreme Court of Bangladesh Archived 25 July 2013 at the Wayback Machine, Ministry of Law, Justice and Parliamentary Affairs of Bangladesh
  4. ^ First Bangladesh Online Case Law Database Archived 14 December 2006 at the Wayback Machine, Chancery Law Chronicles- Database of Judgements of Appellate Division of Supreme Court
  5. ^ Bangladesh Archived 10 September 2012 at the Wayback Machine, "Jurist Legal News and Research", University of Pittsburgh School of Law
  6. ^ 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.
  7. ^
  8. ^ 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.
  9. ^ 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.
  10. ^ "4 HC judges to be sworn in today". The Daily Star. 15 October 2012. Archived from the original on 15 October 2012. Retrieved 12 November 2016.
  11. ^ "Jobs of 4 HC judges regularised". The Daily Star. 10 December 2012. Retrieved 12 November 2016.
  12. ^ "4 new Justices sworn in". banglanews24.com. Archived from the original on 17 January 2013. Retrieved 12 November 2016.
  13. ^ "News in Brief". The Daily Star. 8 October 2013. Archived from the original on 12 October 2013. Retrieved 12 November 2016.
  14. ^ "HC judges sworn in". bdnews24.com. 7 October 2013. Archived from the original on 3 June 2021. Retrieved 12 November 2016.
  15. ^ "5 addl HC judges sworn in". The Daily Star. 12 June 2014. Archived from the original on 7 August 2016. Retrieved 12 November 2016.
  16. ^ "Justice Manik tasked with criminal cases". The Daily Star. 15 June 2012. Retrieved 12 November 2016.
  17. ^ "10 HC judges sworn in". The Daily Star. 13 February 2015. Archived from the original on 7 August 2016. Retrieved 12 November 2016.
  18. ^ হাই কোর্টে স্থায়ী হলেন ৮ বিচারক. bdnews24.com (in Bengali). 8 February 2017. Archived from the original on 1 March 2021. Retrieved 24 March 2021.
  19. ^ "18 additional HC judges appointed". New Age. 31 May 2018. Archived from the original on 6 August 2019. Retrieved 31 May 2018.
  20. ^ "18 HC judges sworn in". The Daily Star. 30 May 2020. Archived from the original on 30 September 2020. Retrieved 30 May 2020.
  21. ^ "Nine new HC judges appointed". The Daily Star. 21 October 2019. Archived from the original on 21 October 2019. Retrieved 21 October 2019.
  22. ^ 11 newly-appointed HC judges take oath
  23. ^ "Bangladesh Judge Fired for Graft". Arab News. 21 April 2004. Archived from the original on 10 August 2022. Retrieved 10 August 2022.
  24. ^ "Oath of 2 angers pro-BNP lawyers". The Daily Star. 5 November 2010. Archived from the original on 23 October 2012. Retrieved 12 November 2016.
  25. ^ "CJ-hopeful Nayeem resigns". The Daily Star. 13 May 2011. Retrieved 12 November 2016.
  26. ^ "Remove Justice Nizamul from HC". The Daily Star. 31 December 2012. Retrieved 12 November 2016.
  27. ^ "Pro-BNP, Jamaat lawyers oppose president's move". The Daily Star. 27 February 2013. Archived from the original on 8 March 2013. Retrieved 12 November 2016.
  28. ^ "Legal notice served on govt". The Independent. Dhaka. 7 July 2014. Archived from the original on 14 July 2014.
  29. ^ "President's office receives Justice Sinha's resignation". bdnews24.com. Archived from the original on 12 November 2017. Retrieved 20 March 2018.
  30. ^ "Bangladesh's ex-chief justice sentenced to 11 years in jail for money laundering". Anadolu Agency. Archived from the original on 25 July 2022. Retrieved 25 July 2022.
  31. ^ "The Daily Star Web Edition Vol. 4 Num 241". The Daily Star. Archived from the original on 3 November 2018. Retrieved 25 July 2022.
  32. ^ "The Daily Star Web Edition Vol. 5 Num 194". The Daily Star. Archived from the original on 3 November 2018. Retrieved 25 July 2022.
  33. ^ "Justice Manik and image of judiciary". The Daily Star. 21 September 2015. Archived from the original on 25 July 2022. Retrieved 25 July 2022.
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