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°ECoordinates: 23°43′51″N 90°24′09″E / 23.730777°N 90.402458°E
Authorized by Constitution of Bangladesh
Website supremecourt.gov.bd
Chief Justice of Bangladesh
Currently Surendra Kumar Sinha
Since 17 January 2015

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 April 2015, there are 7 Justices in Appellate Division and 97 (85 are permanent and 12 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 practicing 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 Surendra Kumar Sinha 16 July 2009 [6] 24 October 1999 31 January 2018 Shahabuddin Ahmed Sheikh Hasina (Awami League) Advocate at Supreme Court Chittagong University
Justice Md. Abdul Wahhab Miah 23 February 2011 [7] 24 October 1999 10 November 2018 Shahabuddin Ahmed Sheikh Hasina (Awami League) Advocate at Supreme Court Dhaka University
Madame Justice Nazmun Ara Sultana 23 February 2011 28 May 2000 7 July 2017 Shahabuddin Ahmed Sheikh Hasina (Awami League) District and Session Judge Dhaka University
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 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 A. H. M. Shamsuddin Chowdhury 31 March 2013 3 July 2001 1 October 2015 Shahabuddin Ahmed Sheikh Hasina (Awami League) Deputy Attorney General Unknown

Sitting Permanent Judges of the High Court Division

  1. Justice Nozrul Islam Chowdhury
  2. Justice Syed Muhammad Dastagir Husain
  3. Justice Mirza Hussain Haider
  4. Justice Sharif Uddin Chaklader
  5. Justice Mizanur Rahman Bhuiyan
  6. Justice Syed A B Mahmudul Huq
  7. Justice Tariq ul Hakim
  8. Madame Justice Salma Masud Chowdhury
  9. Justice Farid Ahmed
  10. Justice Shamim Hasnain
  11. Justice A.F.M Abdur Rahman
  12. Justice Dr. Md. Abu Tariq
  13. Madame Justice Zinat Ara
  14. Justice Muhammad Abdul Hafiz
  15. Justice Dr. Syed Refaat Ahmed
  16. Justice Miftah Uddin Choudhury
  17. Justice A. K. M. Asaduzzaman
  18. Justice Md. Ashfaqul Islam
  19. Justice Zubayer Rahman Chowdhury
  20. Justice Shahidul Islam
  21. Justice Md. Abdul Hye
  22. Justice Quamrul Islam Siddiqui
  23. Justice Md. Fazlur Rahman
  24. Justice Moyeenul Islam Chowdhury
  25. Justice Md. Emdadul Huq
  26. Justice Md. Rais Uddin
  27. Justice Md. Emdadul Haque Azad
  28. Justice Md. Ataur Rahman Khan
  29. Justice Syed Md. Ziaul Karim
  30. Justice Md. Rezaul Haque
  31. Justice Sheikh Abdul Awal
  32. Justice S. M. Emdadul Hoque
  33. Justice Mamnoon Rahman
  34. Madame Justice Farah Mahbub
  35. Justice Md. Nizamul Huq
  36. Justice Mohammad Bazlur Rahman
  37. Justice A. K. M. Abdul Hakim
  38. Justice Borhanuddin
  39. Justice M. Moazzam Husain
  40. Justice Soumendra Sarker
  41. Justice Abu Bakar Siddiquee
  42. Justice Md. Nuruzzaman
  43. Justice Md. Moinul Islam Chowdhury
  44. Justice Obaidul Hassan
  45. Justice M Enayetur Rahim
  46. Madame Justice Dr. Naima Haydar
  47. Justice Md. Rezaul Hasan
  48. Justice Md. Faruque
  49. Justice Md. Shawkat Hossain
  50. Justice F. R. M. Nazmula Ahasan
  51. Madame Justice Krishna Debnath
  52. Justice A. N. M. Bashir Ullah
  53. Justice Abdur Rob
  54. Justice Dr. Quazi Reza-Ul Hoque
  55. Justice Md. Abu Zafor Siddique
  56. Justice A. K. M. Zahirul Hoque
  57. Justice Jahangir Hossain
  58. Justice Sheikh Md. Zakir Hossain
  59. Justice Md. Habibul Gani
  60. Justice Gobinda Chandra Tagore
  61. Justice Sheikh Hassan Arif
  62. Justice J. B. M. Hassan
  63. Justice Md. Ruhul Quddus
  64. Justice Md. Khasruzzaman
  65. Justice Farid Ahmed
  66. Justice Md. Nazrul Islam Talukder
  67. Justice Bhabani Prasad Singh
  68. Justice Anwarul Haque
  69. Justice M Akram Hossain Chowdhury
  70. Justice M Ashraful Kamal
  71. Justice S H Nurul Huda Jaygirdar
  72. Justice K M Kamrul Kader
  73. Justice Mohammad Khurshid Alam Sarker
  74. Justice Mohammad Mujibur Rahman Miah
  75. Justice Mostofa Zaman Islam
  76. Justice Mohammadullah
  77. Justice A K M Shahidul Haque
  78. Justice Shahidul Karim
  79. Justice Mohammad Jahangir
  80. Justice Abu Taher Mohammad Saifur Rahman
  81. Justice Ashish Ranjan Daash
  82. Justice Mahmudul Haque
  83. Justice Badruzzaman Badol
  84. Justice Zafar Ahmed
  85. Justice Kazi M Ejarul Haque Akond

Additional Judges of Highcourt Division

  1. Justice Mohammad Shahinur Islam
  2. Madame Justice Kashefa Hussain
  3. Justice Syed Mohammad Mozibur Rahman
  4. Justice Farid Ahmed Shibli
  5. Justice Amir Hossain
  6. Justice Khizir Ahmed Choudhury
  7. Justice Razik Al-Jalil
  8. Justice Jyotirm0y Narayan Deb Chowdhury
  9. Justice Bhishmadev Chakrabortty
  10. Justice Md. Iqbal Kabir
  11. Justice Md. Salim
  12. Justice Md. Sohrowardi


Current Chief Justice Surandra Kumar Sinha is 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 is the first ever female justice, and Madame Justice Krishna Debnath is the first female Hindu justice of Bangladesh. There are currently six 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, in 17 November 1988, when he was a leader of Jatiyo Samajtantrik Dal (JSD), and Justice Mohammad Khosruzzaman was overtly involved in contempt of court in 30 November 2006. 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 , , which may preclude him from taking the post of justice in Bangladesh.

Justice Shah Abu Nayeem Mominur Rahman, an appellate division judge, first ever among these judges, resigned on May 12, 2011 due to supersession, as he was presumed to be the Chief Justice of Bangladesh on May 18, 2011.

Justice Mohammad Nizamul Huq resigned from the post of International Crimes Tribunal (ICT)-1 chairman on December 11, 2012 amid controversy for holding Skype conversations with an expatriate Bangladeshi legal expert based in Belgium.

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 February 17 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.

Three High Court judges were promoted to the Appellate Division by supersession, e.g. Justice Siddiqur Rahman Miah superseded 3 senior judges, Justice Hasan Foez Siddique and Justice A. H. M. Shamsuddin Chowdhury superseded 40 senior judges. It was widely believed that the promotions had been made on a political basis. Moreover, just a few months before this promotion to the Appellate Division, the Jatiya Sangsad passed a resolution accusing Justice A. H. M. Shamsuddin Chowdhury for violating the Constitution and his oath. Speaker Abdul Hamid, who issued the ruling against Justice A. H. M. Shamsuddin Chowdhury, later become the President of Bangladesh, after the death of President Zillur Rahman.

Justice A B M Altaf Hossain was not confirmed as a permanent justice on June 12, 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.

See also

Notes

  1. ↑
  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. ↑ 5.0 5.1 5.2 5.3 5.4 Constitution of Bangladesh
  6. ↑ New SC judge alleges move to remove him from HC The Daily Star. 17 July 2009.
  7. ↑ 4 SC judges sworn in The Daily Star. 24 February 2011.

References

External links