Supreme Court of Bangladesh

Supreme Court of Bangladesh
বাংলাদেশ সুপ্রীম কোর্ট
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 Syed Mahmud Hossain
Since 3 February 2018
Bangladesh
This article is part of a series on the
politics and government of
Bangladesh
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 October 2018 there are 7 Justices in Appellate Division and 93 (75 are permanent and 18 are additional) in High Court Division.[1]

Structure

Supreme Court of Bangladesh is divided into 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 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 (s)he attains the age of 67 years as extended by the provision 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

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

Sitting Judges of the Appellate Division

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 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 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[7] 3 July 2001 28 February 2021 Shahabuddin Ahmed Sheikh Hasina (Awami League) Advocate at Supreme Court Dhaka University
Madame Justice Zinat Ara 9 October 2018 27 April 2003 14 March 2020 Iajuddin Ahmed Khaleda Zia (Bangladesh Nationalist Party) District and Session Judge Dhaka University, Harvard School of Law
Justice Abu Bakar Siddiquee 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

Sitting Permanent Judges of the High Court Division

  1. Justice Tariq ul Hakim
  2. Madame Justice Salma Masud Chowdhury
  3. Justice Dr. Md. Abu Tariq
  4. Justice Muhammad Abdul Hafiz
  5. Justice Dr. Syed Refaat Ahmed
  6. Justice Miftah Uddin Choudhury
  7. Justice A. K. M. Asaduzzaman
  8. Justice Md. Ashfaqul Islam
  9. Justice Zubayer Rahman Chowdhury
  10. Justice Moyeenul Islam Chowdhury
  11. Justice Md. Emdadul Huq
  12. Justice Md. Rais Uddin
  13. Justice Md. Emdadul Haque Azad
  14. Justice Md. Ataur Rahman Khan
  15. Justice Syed Md. Ziaul Karim
  16. Justice Md. Rezaul Haque
  17. Justice Sheikh Abdul Awal
  18. Justice S. M. Emdadul Hoque
  19. Justice Mamnoon Rahman
  20. Madame Justice Farah Mahbub
  21. Justice A. K. M. Abdul Hakim
  22. Justice Borhanuddin
  23. Justice Soumendra Sarker
  24. Justice Md. Moinul Islam Chowdhury
  25. Justice Obaidul Hassan
  26. Justice M Enayetur Rahim
  27. Madame Justice Dr. Naima Haydar
  28. Justice Md. Rezaul Hasan
  29. Justice Md. Faruque[8]
  30. Justice Md. Shawkat Hossain
  31. Justice F. R. M. Nazmula Ahasan
  32. Madame Justice Krishna Debnath
  33. Justice A. N. M. Bashir Ullah
  34. Justice Abdur Rob
  35. Justice Dr. Quazi Reza-Ul Hoque
  36. Justice Md. Abu Zafor Siddique
  37. Justice A. K. M. Zahirul Hoque
  38. Justice Jahangir Hossain
  39. Justice Sheikh Md. Zakir Hossain
  40. Justice Md. Habibul Gani
  41. Justice Gobinda Chandra Tagore
  42. Justice Sheikh Hassan Arif
  43. Justice J. B. M. Hassan
  44. Justice Md. Ruhul Quddus[9]
  45. Justice Md. Khasruzzaman
  46. Justice Farid Ahmed
  47. Justice Md. Nazrul Islam Talukder
  48. Justice Bhabani Prasad Singha[10][11]
  49. Justice M Akram Hossain Chowdhury
  50. Justice M Ashraful Kamal
  51. Justice S H Nurul Huda Jaygirdar[12][13]
  52. Justice K. M. Kamrul Kader
  53. Justice Mohammad Mujibur Rahman Miah
  54. Justice Mostofa Zaman Islam
  55. Justice Mohammadullah
  56. Justice Mohammad Khurshid Alam Sarker
  57. Justice A K M Shahidul Haque
  58. Justice Shahidul Karim
  59. Justice Mohammad Jahangir Hossain
  60. Justice Abu Taher Mohammad Saifur Rahman
  61. Justice Ashish Ranjan Daash[14][15]
  62. Justice Mahmudul Haque
  63. Justice Badruzzaman Badol
  64. Justice Zafar Ahmed
  65. Justice Kazi Md. Ejarul Haque Akondo
  66. Justice Mohammad Shahinur Islam[16]
  67. Madame Justice Kashefa Hussain
  68. Justice Syed Mohammad Mozibur Rahman[17]
  69. Justice Amir Hossain
  70. Justice Khizir Ahmed Choudhury
  71. Justice Razik Al-Jalil
  72. Justice Bhishmadev Chakrabortty
  73. Justice Md. Iqbal Kabir
  74. Justice Md. Salim
  75. Justice Md. Sohrowardi

Sitting Additional Judges of the High Court Division

  1. Justice Md. Abu Ahmed Jamadar
  2. Justice A.S.M Abdul Mobin
  3. Justice Md Mostafizur Rahman
  4. Madam Justice Fatema Najib
  5. Justice Md. Kamrul Hossain Molla
  6. Justice SM Kuddus Zaman
  7. Justice Md. Atowar Rahman
  8. Justice Khizir Hayat
  9. Justice Shashanka Shekhar Sarkar
  10. Justice Mohammad Ali
  11. Justice Mohi Uddin Shamim
  12. Justice Md. Riaz Uddin Khan
  13. Justice M Khairul Alam
  14. Justice S.M Moniruzzaman
  15. Justice Ahmed Sohel
  16. Justice Sardar Mohammad Rashed Jahangir
  17. Justice Khondaker Diliruzzaman
  18. Justice KM Hafizul Alam

Former Chief Justice Surandra Kumar Sinha was the first justice appointed from Monipuri or any minority Ethnic groups in Bangladesh. 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

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.[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,[6] which may preclude him from taking the post of justice in Bangladesh.[19]

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.[20]

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.[21]

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.[22]

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.[23]

Chief Justice Surendra Kumar Sinha resigned on 11 November 2017 from Singapore while on a leave, and transiting from Australia to Canada.[24]

See also

Notes

  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. 1 2 3 4 5 Constitution of Bangladesh
  6. 1 2 http://www.amardeshonline.com/pages/details/2010/05/05/30393
  7. ↑ "10 HC judges sworn in". 26 March 2009. Retrieved 12 November 2016.
  8. ↑ "Appointment of 15 judges regularised". 12 April 2012. Retrieved 12 November 2016.
  9. ↑ "4 HC judges to be sworn in today". 15 October 2012. Retrieved 12 November 2016.
  10. ↑ "Jobs of 4 HC judges regularised". 10 December 2012. Retrieved 12 November 2016.
  11. ↑ BanglaNews24.com. "bangla news and entertainment 24x7 - banglanews24.com". Retrieved 12 November 2016.
  12. ↑ "News in Brief". 8 October 2013. Retrieved 12 November 2016.
  13. ↑ "bdnews24.com". Retrieved 12 November 2016.
  14. ↑ "5 addl HC judges sworn in". 12 June 2014. Retrieved 12 November 2016.
  15. ↑ "Justice Manik tasked with criminal cases". 15 June 2012. Retrieved 12 November 2016.
  16. ↑ "Newly appointed HC judges take oath". 6 August 2013. Retrieved 12 November 2016.
  17. ↑ "10 HC judges sworn in". 13 February 2015. Retrieved 12 November 2016.
  18. ↑ "Oath of 2 angers pro-BNP lawyers". 5 November 2010. Retrieved 12 November 2016.
  19. ↑ "cellflexi.com – cellflexi Resources and Information". Retrieved 12 November 2016.
  20. ↑ "CJ-hopeful Nayeem resigns". 13 May 2011. Retrieved 12 November 2016.
  21. ↑ "Remove Justice Nizamul from HC". 31 December 2012. Retrieved 12 November 2016.
  22. ↑ "Pro-BNP, Jamaat lawyers oppose president's move". 27 February 2013. Retrieved 12 November 2016.
  23. ↑ http://theindependentbd.com/index.php?option=com_content&view=article&id=221939:legal-notice-served-on-govt&catid=132:backpage&Itemid=122
  24. ↑ "President's office receives Justice Sinha's resignation". bdnews24.com. Retrieved 2018-03-20.

References

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