Supreme Court of Bangladesh

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 jurisdiction 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 under Article 103 of the Constitution of Bangladesh. The Supreme Court is independent of the executive branch, and is able to rule against the government in politically controversial cases.

The chief justice of Bangladesh is appointed by the president, while other judges of the Supreme Court are appointed by the president following mandatory consultation with the chief justice. 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% (80% from the advocates of the supreme court and 20% from the judges of district courts). 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.

A judge of the Bangladesh Supreme Court serves until the age of 67, as extended by Article 95 of the Constitution through the (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.

A Supreme Court judge is not removable from office except in accordance with the provision of Article 96 of the Constitution which provides for the 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 judges 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.

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

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. 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. 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. 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.

Justices

Sitting justices of the Appellate Division

Sitting permanent judges of the High Court Division

1. Justice Md. Nazrul Islam Talukder
2. Justice M Akram Hossain Chowdhury
3. Justice K. M. Kamrul Kader
4. Justice Md. Mozibur Rahman Miah
5. Justice Mostofa Zaman Islam
6. Justice Mohammad Ullah
7. Justice Muhammad Khurshid Alam Sarkar
8. Justice Shahidul Karim
9. Justice Mohammad Jahangir Hossain
10. Justice Abu Taher Mohammad Saifur Rahman
11. Justice Ashish Ranjan Das
12. Justice Mahmudul Haque
13. Justice Zafar Ahmed
14. Justice Kazi Md. Ejarul Haque Akondo
15. Justice Khizir Ahmed Choudhury
16. Justice Razik-Al-Jalil
17. Justice Bhishmadev Chakrabortty
18. Justice Md. Iqbal Kabir
19. Justice Md. Salim
20. Justice Md. Shohrowardi
21. Justice A. S. M. Abdul Mobin
22. Justice Md Mostafizur Rahman
23. Madam Justice Fatema Najib
24. Justice Md. Kamrul Hossain Molla
25. Justice S. M. Kuddus Zaman
26. Justice Md Atoar Rahman
27. Justice Shashanka Shekhar Sarkar
28. Justice Mohi Uddin Shamim
29. Justice Md. Riaz Uddin Khan
30. Justice Md Khairul Alam
31. Justice S. M. Moniruzzaman
32. Justice Ahmed Sohel
33. Justice Sardar Mohammad Rashed Jahangir
34. Justice Khondaker Diliruzzaman
35. Justice K. M. Hafizul Alam
36. Justice Muhammad Mahbub-Ul-Islam
37. Justice Shahed Nuruddin
38. Justice Md Zakir Hossain
39. Justice Md Akhtaruzzaman
40. Justice Md Mahmud Hasan Talukder
41. Justice Kazi Ebadoth Hossain
42. Justice K. M. Zahid Sarwar
43. Justice A. K. M. Zahirul Huq
44. Madam Justice Kazi Zinat Hoque
45. Justice Mohammad Showkat Ali Chowdhury
46. Justice Md. Atabullah
47. Justice Biswajit Debnath
48. Justice Md. Ali Reza
49. Justice Md. Bazlur Rahman
50. Justice K. M. Emrul Kayesh
51. Justice Fahmida Quader
52. Justice Md. Bashir Ullah
53. Justice A. K. M. Rabiul Hassan
54. Justice Debasish Roy Chowdhury
55. Justice Sikder Mahmudur Razi
56. Justice Md. Sagir Hossain
57. Justice Dihider Masum Kabir

Controversy

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

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.

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.

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.

The president of Bangladesh ordered the formation of a Supreme Judicial Council to investigate alleged misconduct of High Court 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.

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.

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

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 the 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. The High Court Division 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. He was also criticised for his vitriolic attack on various politicians including Speaker and members of the Parliament.

Notes

References

References

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