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 / 23.7308°N 90.4025°E / 23.7308; 90.4025Coordinates: 23°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 positions7 in Appellate Division 86 in High Court Division
Websitesupremecourt.gov.bd
Chief Justice of Bangladesh
CurrentlyHasan Foez Siddique [1]
Since31 December 2021
Supreme Court of Bangladesh in Dhaka
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 (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 July 2022, there are 7 Justices in Appellate Division and 85 (all are permanent) 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 Hasan Foez Siddique [2] 31 March 2013 22 February 2001 25 September 2023 Shahabuddin Ahmed Sheikh Hasina (Awami League) Additional Attorney General of Bangladesh Chittagong 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 Md. Nuruzzaman[10] 9 October 2018 30 June 2009 30 June 2023 Zillur Rahman Sheikh Hasina (Awami League) Advocate at Supreme Court Dhaka University
Justice Obaidul Hassan[11] 3 September 2020 30 June 2009 10 January 2026 Zillur Rahman Sheikh Hasina (Awami League) Advocate at Supreme Court Dhaka University
Justice Borhanuddin [3] 9 January 2022 16 November 2008 27 February 2024 Iajuddin Ahmed Fakhruddin Ahmed Advocate at Supreme Court Chittagong University
Justice M Enayetur Rahim 9 January 2022 30 June 2009 10 August 2027 Zillur Rahman Sheikh Hasina (Awami League) Additional Attorney General of Bangladesh Dhaka University
Justice Krishna Debnath 9 January 2022 18 April 2010 9 October 2022 Zillur Rahman Sheikh Hasina (Awami League) District and Session Judge Dhaka University

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

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 Ahmedissued 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; 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. ^ বিচারপতি ইমান আলী ব্রিটিশ পাসপোর্টধারী [Justice Iman Ali holds a British passport]. Amar Desh (in Bengali). 5 May 2010. Archived from the original on 7 May 2010.
  10. ^ "Three Appellate Division judges sworn in". The Daily Star. 10 October 2018.
  11. ^ "2 HC judges promoted to SC Appellate Division". The Daily Star. 2 September 2020.
  12. ^ "4 HC judges to be sworn in today". The Daily Star. 15 October 2012. Retrieved 12 November 2016.
  13. ^ "Jobs of 4 HC judges regularised". The Daily Star. 10 December 2012. Retrieved 12 November 2016.
  14. ^ "4 new Justices sworn in". banglanews24.com. Archived from the original on 17 January 2013. Retrieved 12 November 2016.
  15. ^ "News in Brief". The Daily Star. 8 October 2013. Retrieved 12 November 2016.
  16. ^ "HC judges sworn in". bdnews24.com. 7 October 2013. Retrieved 12 November 2016.
  17. ^ "5 addl HC judges sworn in". The Daily Star. 12 June 2014. Retrieved 12 November 2016.
  18. ^ "Justice Manik tasked with criminal cases". The Daily Star. 15 June 2012. Retrieved 12 November 2016.
  19. ^ "Newly appointed HC judges take oath". The Daily Star. 6 August 2013. Retrieved 12 November 2016.
  20. ^ "10 HC judges sworn in". The Daily Star. 13 February 2015. Retrieved 12 November 2016.
  21. ^ হাই কোর্টে স্থায়ী হলেন ৮ বিচারক. bdnews24.com (in Bengali). 8 February 2017.
  22. ^ "18 additional HC judges appointed". New Age. 31 May 2018.
  23. ^ "18 HC judges sworn in". The Daily Star. 30 May 2020.
  24. ^ "Nine new HC judges appointed". The Daily Star. 21 October 2019.
  25. ^ "Oath of 2 angers pro-BNP lawyers". The Daily Star. 5 November 2010. 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. 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. Retrieved 20 March 2018.
  31. ^ "Bangladesh's ex-chief justice sentenced to 11 years in jail for money laundering". www.aa.com.tr. Retrieved 25 July 2022.
  32. ^ "The Daily Star Web Edition Vol. 4 Num 241". archive.thedailystar.net. Retrieved 25 July 2022.
  33. ^ "The Daily Star Web Edition Vol. 5 Num 194". archive.thedailystar.net. Retrieved 25 July 2022.
  34. ^ "Justice Manik and image of judiciary". The Daily Star. 21 September 2015. Retrieved 25 July 2022.