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
Authorized byConstitution of Bangladesh
Judge term lengthMandatory retirement at 67 years of age.
Number of positions6 in Appellate Division 95 in High Court Division
Websitesupremecourt.gov.bd
Chief Justice of Bangladesh
CurrentlyObaidul Hassan [1]
Since26 September 2023
Supreme Court of Bangladesh in Dhaka

The Supreme Court of Bangladesh (Bengali: বাংলাদেশ সুপ্রীম কোর্ট, romanizedBānlādēś 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. This is also the office of the Chief Justice, Appellate Division Justices, and High Court Division Justices of Bangladesh. As of January 2024, there are 6 Justices in Appellate Division and 89 Justices (78 are permanent and 11 are additional) in High Court Division.[1]

Structure

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.[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

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

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]

Justices

Sitting justices 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 a justice Law school
Chief Justice Obaidul Hassan[9] 3 September 2020 30 June 2009 10 January 2026 Zillur Rahman Sheikh Hasina (Awami League) Advocate at Supreme Court Dhaka University
Justice Borhanuddin[10] 9 January 2022 16 November 2008 27 February 2024 Iajuddin Ahmed Fakhruddin Ahmed Advocate at Supreme Court Chittagong University
Justice M Enayetur Rahim[10] 9 January 2022 30 June 2009 10 August 2027 Zillur Rahman Sheikh Hasina (Awami League) Additional Attorney General of Bangladesh Dhaka 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 Md. Abu Zafor Siddique 9 December 2022 18 April 2010 1 January 2026 Zillur Rahman Sheikh Hasina (Awami League) Advocate at Supreme Court Dhaka University
Justice Jahangir Hossain 9 December 2022 18 April 2010 30 December 2026 Zillur Rahman Sheikh Hasina (Awami League) Advocate at Supreme Court Not known

Sitting Permanent Judges of the High Court Division

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

Sitting Additional Judges of the High Court Division

  1. Justice Mohammad Showkat Ali Chowdhury [3]
  2. Justice Md. Atabullah
  3. Justice Biswajit Debnath
  4. Justice Md. Aminul Islam
  5. Justice Md. Ali Reza
  6. Justice Md. Bazlur Rahman
  7. Justice K. M. Emrul Kayesh
  8. Justice Fahmida Quader
  9. Justice Md. Bashir Ullah
  10. Justice S M Masud Hossain Dolon
  11. Justice A. K. M. Rabiul Hassan

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

In 2004, Justice Syed Shahidur Rahman was terminated by President Iajuddin Ahmed on corruption allegation.[24]

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.[25]

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.[26]

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.[27]

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.[28]

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.[29]

Chief Justice Surendra Kumar Sinha resigned on 11 November 2017 from Singapore while on a leave, and transiting from Australia to Canada.[30] 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.[31]

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.[32][33] He was also criticised for his vitriolic attack on various politicians including Speaker and members of the Parliament.[34]

See also

References

  1. ^ List of Judges in Supreme Court of Bangladesh Archived 1 August 2015 at the Wayback Machine; SupremeCourt.gov.bd
  2. ^ Supreme Court of Bangladesh Archived 25 July 2013 at the Wayback Machine, Ministry of Law, Justice and Parliamentary Affairs of Bangladesh
  3. ^ 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
  4. ^ Bangladesh Archived 10 September 2012 at the Wayback Machine, "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. ^ "2 HC judges promoted to SC Appellate Division". The Daily Star. 2 September 2020. Archived from the original on 31 July 2021. Retrieved 3 September 2020.
  10. ^ a b "4 HC judges elevated to Appellate Division of SC". The Daily Star. 9 January 2022. Archived from the original on 10 January 2022. Retrieved 1 September 2022.
  11. ^ "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.
  12. ^ "Jobs of 4 HC judges regularised". The Daily Star. 10 December 2012. Retrieved 12 November 2016.
  13. ^ "4 new Justices sworn in". banglanews24.com. Archived from the original on 17 January 2013. Retrieved 12 November 2016.
  14. ^ "News in Brief". The Daily Star. 8 October 2013. Archived from the original on 12 October 2013. Retrieved 12 November 2016.
  15. ^ "HC judges sworn in". bdnews24.com. 7 October 2013. Archived from the original on 3 June 2021. Retrieved 12 November 2016.
  16. ^ "5 addl HC judges sworn in". The Daily Star. 12 June 2014. Archived from the original on 7 August 2016. Retrieved 12 November 2016.
  17. ^ "Justice Manik tasked with criminal cases". The Daily Star. 15 June 2012. Retrieved 12 November 2016.
  18. ^ "Newly appointed HC judges take oath". The Daily Star. 6 August 2013. Archived from the original on 14 December 2013. Retrieved 12 November 2016.
  19. ^ "10 HC judges sworn in". The Daily Star. 13 February 2015. Archived from the original on 7 August 2016. Retrieved 12 November 2016.
  20. ^ 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.
  21. ^ "18 additional HC judges appointed". New Age. 31 May 2018. Archived from the original on 6 August 2019. Retrieved 31 May 2018.
  22. ^ "18 HC judges sworn in". The Daily Star. 30 May 2020. Archived from the original on 30 September 2020. Retrieved 30 May 2020.
  23. ^ "Nine new HC judges appointed". The Daily Star. 21 October 2019. Archived from the original on 21 October 2019. Retrieved 21 October 2019.
  24. ^ "Bangladesh Judge Fired for Graft". Arab News. 21 April 2004. Archived from the original on 10 August 2022. Retrieved 10 August 2022.
  25. ^ "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.
  26. ^ "CJ-hopeful Nayeem resigns". The Daily Star. 13 May 2011. Retrieved 12 November 2016.
  27. ^ "Remove Justice Nizamul from HC". The Daily Star. 31 December 2012. Retrieved 12 November 2016.
  28. ^ "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.
  29. ^ "Legal notice served on govt". The Independent. Dhaka. 7 July 2014. Archived from the original on 14 July 2014.
  30. ^ "President's office receives Justice Sinha's resignation". bdnews24.com. Archived from the original on 12 November 2017. Retrieved 20 March 2018.
  31. ^ "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.
  32. ^ "The Daily Star Web Edition Vol. 4 Num 241". The Daily Star. Archived from the original on 3 November 2018. Retrieved 25 July 2022.
  33. ^ "The Daily Star Web Edition Vol. 5 Num 194". The Daily Star. Archived from the original on 3 November 2018. Retrieved 25 July 2022.
  34. ^ "Justice Manik and image of judiciary". The Daily Star. 21 September 2015. Archived from the original on 25 July 2022. Retrieved 25 July 2022.