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The Judiciary of Bangladesh (Bengali: বাংলাদেশের বিচার বিভাগ — Bānlādēśēra bicāra bibhāga) or Judicial system of Bangladesh (Bengali: বাংলাদেশের বিচার ব্যবস্থা — Bānlādēśēra bicāra byabasthā) is based on the Constitution and the laws are enacted by the legislature and interpreted by the higher courts. Bangladesh Supreme Court is the highest court of Bangladesh. The jurisdiction of the Supreme Court of Bangladesh has been described in Article 94(1) of the Constitution of Bangladesh.[1] It consists of two divisions, the High Court Division and the Appellate Division. These two divisions of the Supreme Court have separate jurisdictions.[2]
The Bangladeshi judiciary faces a severe shortage of judges. As of July 2017, 1,268 judges deal with over 2.7 million cases in lower courts, 86 High Court justices deal with 431,000 cases and 6 Supreme Court justices deal with 13,000 cases.[3]
The Chief Justice of Bangladesh is the chief amongst the judges of the Supreme Court of Bangladesh, and also head of the whole judicial establishments, including subordinate courts. The chief justice is appointed by the President of Bangladesh. The Chief Justice sits in the Appellate Division of the Supreme Court with other judges to hear and decide cases, presides over meetings of the full Supreme Court to transact business relating to administration of the court, and supervises the discipline of the judges and magistrates of the subordinate courts.[4]
The Supreme Court of Bangladesh has two divisions namely the Appellate Division and the High Court Division (HCD). The Appellate Division hears both civil and criminal appeals from the High Court Division. The Appellate Division may also decide a point of law reserved for its decision by the High Court Division, as well as any point of law of public interest arising in the course of an appeal from a subordinate court to the High Court Division, which has been reserved by the High Court Division for the decision of the Appellate Division.
The High court division of the Supreme court consists of Civil courts, Criminal courts and some Special courts. Article 101 of the Constitution provides that the High Court Division shall have such original, appellate and other jurisdictions, powers and functions as are or may be conferred on it by the Constitution or any other law.
Five civil courts exist in this hierarchy:
Two types of Criminal Courts exist in this hierarchy:[5]
Main article: Metropolitan courts in Bangladesh |
As of 2022 only the flowing six cities have metropolitan courts:[6]
Generally, Metropolitan court deals the criminal offenses occur in the metropolitan area. Currently, only Metropolitan Sessions courts are found in Bangladesh. Metropolitan Court doesn't deal with Civil cases. Thus Metropolitan courts are of 2 subtypes of session or criminal. Those are:
Main article: Metropolitan Sessions Judge Courts in Bangladesh |
Main article: Metropolitan Magistrate Courts in Bangladesh |
Main article: Bangladesh Judicial Service Association |
Bangladesh Judicial Service Association (BJSA)(Bengali: বাংলাদেশ জুডিসিয়াল সার্ভিস এসোসিয়েশন (বিজেএসএ) is a professional association of Judges and Magistrates of Bangladesh. The Association headquarters is located in Dhanmondi, Dhaka.
Md. Helal Chowdhury, the District and Sessions Judge Dhaka, is the current President and Bikash Kumar Saha, Joint Secretary at the Ministry of Law, Justice and Parliamentary Affairs, is the Secretary-General of the Association.[7]
The Bangladeshi judicial system is inefficient and under the influence of the executive branch. Political appointments, promotions, and firings are routine, and it can be difficult to enforce contracts and resolve disputes.[8] The payment of bribes in exchange for favourable verdicts is common. Prosecutors, who earn only $37.50 ??? a month, are especially susceptible to bribery.[9]
In 2010, Judiciary of Bangladesh was ranked as the most corrupt institution of the country.[10] The most prominent aspect of the judiciary of Bangladesh is, it is not an independent institution of the state in that both judiciary and the executive branch of the government are overlapped.[11] Bangladesh's Judicial system is infested by partisanship,[12][13][14] governmental or political influence,[15] judicial corruption,[16] delays in verdicts,[17] and abuse of power.[18]
On 3 March 2007, University of Chittagong revoked the LLB certificate of the judge Faisal Mahmud Faizee and seventy others for tampering with their mark-sheets, asking them to immediately return their certificates.[19]
On 26 July 2014, it has been reported that three senior judges, AKM Ishtiaque Hussain, Md Mizanur Rahman, Salauddin Mohammad Akram, would lose their jobs because of various types of corruptions.[20]
On 14 August 2016, Bangladesh Ministry of Law said that they have started the process of dismissing four judges, SM Aminul Islam, Ruhul Amin Khandaker, Sirajul Islam and Moinul Haque, for grave corruptions.[21]
Bangladesh has a huge backlog of unresolved cases both civil and criminal.[22] Political clout is believed to be the main factor behind most of the unsolved murder cases.[23]
According to Global Impunity Index of CJP published on 27 October 2016, Bangladesh occupies 11th position in the list where journalists are slain and killers go free.[24]
In Bangladesh, generally the government files politically motivated cases against the opposition, and these cases get withdrawn or quashed when the opposition takes control of the government in turn.[25]