Supreme Court of Bangladesh
Encyclopedia
The Supreme Court of Bangladesh 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
Justice
s of Bangladesh. As of October 2011, there are 8 Justice
s in Appellate Division and 98 Justices in High Court Division.
s 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. 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
and other judges of the supreme court are appointed by His Excellency the President of Bangladesh
with prior mandatory consultation with the Prime Minister. The entry point to the sit of judges in the High Court Division is the post of Additional Judge who are appointed from among 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 under the provision of article 95 of the constitution. The judges of the Appellate Division are also appointed by the Honorable President 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 holds office till he/she attains the age of 67 years as extended by the provision of Constitution (Thirteen) 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 the 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 the 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.
Supreme court judges are independent in their judicial function as empowered through article 94(4) of the constitution.
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.
1) Justice Sheikh Rezowan Ali
2) Justice Mohmmad Anwarul Haque
3) Justice Nozrul Islam Chowdhury
4) Justice Syed Muhammad Dastagir Husain
5) Justice Mirza Hussain Haider
6) Justice Khondkar Musa Khaled
7) Justice Mir Hasmat Ali
8) Justice Mashuque Hosain Ahmed
9) Justice A K M Fazlur Rahman
10) Justice Siddiqur Rahman Miah
11) Justice Abdul Awal
12) Justice Sharif Uddin Chaklader
13) Justice Mizanur Rahman Bhuiyan
14) Justice Syed A B Mahmudul Huq
15) Justice Tariq ul Hakim
16) Madame Justice Salma Masud Chowdhury
17) Justice Afzal Hossain Ahmed
18) Justice A.F.M. Ali Asgar
19) Justice Farid Ahmed
20) Justice Shamim Hasnain
21) Justice A.F.M Abdur Rahman
22) Justice Dr. Md. Abu Tariq
23) Madame Justice Zinat Ara
24) Justice Muhammad Abdul Hafiz
25) Justice Dr. Syed Refaat Ahmed
26) Justice A. T. M. Fazle Kabir
27) Justice Miftah Uddin Choudhury
28) Justice A. K. M. Asaduzzaman
29) Justice Md. Ashfaqul Islam
30) Justice Zubayer Rahman Chowdhury
31) Justice Syed Abu Kowser Md. Dabirush-Shan
32) Justice Shahidul Islam
33) Justice Md. Abdul Hye
34) Justice Quamrul Islam Siddiqui
35) Justice Md. Fazlur Rahman
36) Justice Moyeenul Islam Chowdhury
37) Justice Md. Emdadul Huq
38) Justice Md. Rais Uddin
39) Justice Md. Emdadul Haque Azad
40) Justice Md. Ataur Rahman Khan
41) Justice Syed Md. Ziaul Karim
42) Justice Md. Rezaul Haque
43) Justice Sheikh Abdul Awal
44) Justice S. M. Emdadul Hoque
45) Justice Mamnoon Rahman
46) Madame Justice Farah Mahbub
47) Justice M. A. Hye
48) Justice Faruque Ahmed
49) Justice Mohammad Marzi-ul-Huq
50) Justice Md. Abdur Razzaque
51) Justice Hasan Foez Siddique
52) Justice A. H. M. Shamsuddin Chowdhury
53) Justice Md. Nizamul Huq
54) Justice Mohammad Bazlur Rahman
55) Justice A. K. M. Abdul Hakim
56) Justice Borhanuddin
57) Justice M. Moazzam Husain
58) Justice Soumendra Sarker
59) Justice Abu Bakar Siddiquee
60) Justice Md. Nuruzzaman
90) Justice K M Kamrul Kader
91) Justice Md. Khurshid Alam Sarker
92) Justice Md. Mujibur Rahman Miah
93) Justice Mostofa Zaman Islam
94) Justice Mohammadullah
95) Justice A K M Shahidul Haque
96) Justice Shahidul Karim
97) Justice Md. Jahangir
98) Justice Abu Taher Md. Saifur Rahman
Mr. Justice Surandra Kumar Sinha is the first justice
appointed from Monipuri
or any minority Ethnic groups in Bangladesh
.
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 total 5 female justices in the supreme court.
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.
Mr. Justice Imman Ali is a British
citizen, which may preclude him from taking the post of justice in Bangladesh
.
Mr. Justice 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.
Bangladesh
Bangladesh , officially the People's Republic of Bangladesh is a sovereign state located in South Asia. It is bordered by India on all sides except for a small border with Burma to the far southeast and by the Bay of Bengal to the south...
. 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
Constitution of Bangladesh
The Constitution of Bangladesh is the supreme law of Bangladesh. It declares Bangladesh as a secular democratic republic where sovereignty belongs to the people; and lays down the framework defining fundamental political principles of the state and spells out the fundamental rights of citizens...
adopted in 1972. This is also the office of the Chief Justice
Chief Justice of Bangladesh
Chief Justice of Bangladesh is the chief amongst the judges of the Supreme Court of Bangladesh He also is the head of the whole judicial establishment in the country, including subordinate courts....
, Appellate Division
Appellate court
An appellate court, commonly called an appeals court or court of appeals or appeal court , is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal...
Justices, and High Court Division
High Court
The term High Court usually refers to the superior court of a country or state. In some countries, it is the highest court . In others, it is positioned lower in the hierarchy of courts The term High Court usually refers to the superior court (or supreme court) of a country or state. In some...
Justice
Justice
Justice is a concept of moral rightness based on ethics, rationality, law, natural law, religion, or equity, along with the punishment of the breach of said ethics; justice is the act of being just and/or fair.-Concept of justice:...
s of Bangladesh. As of October 2011, there are 8 Justice
Justice
Justice is a concept of moral rightness based on ethics, rationality, law, natural law, religion, or equity, along with the punishment of the breach of said ethics; justice is the act of being just and/or fair.-Concept of justice:...
s in Appellate Division and 98 Justices in High Court Division.
Structure
Supreme Court of Bangladesh divided in two parts. First, the Appellate Division and second is the High Court Division. The High Court Division hears appealAppeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
s from lower courts and tribunals; it also has original jurisdiction
Original jurisdiction
The original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a court has the power to review a lower court's decision.-France:...
in certain limited cases, such as writ
Writ
In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court...
applications under article 102 of the Constitution of Bangladesh
Constitution of Bangladesh
The Constitution of Bangladesh is the supreme law of Bangladesh. It declares Bangladesh as a secular democratic republic where sovereignty belongs to the people; and lays down the framework defining fundamental political principles of the state and spells out the fundamental rights of citizens...
, and company and admiralty
Admiralty law
Admiralty law is a distinct body of law which governs maritime questions and offenses. It is a body of both domestic law governing maritime activities, and private international law governing the relationships between private entities which operate vessels on the oceans...
matters. The Appellate division has jurisdiction to hear appeals from the High Court Division. 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
Chief Justice of Bangladesh
Chief Justice of Bangladesh is the chief amongst the judges of the Supreme Court of Bangladesh He also is the head of the whole judicial establishment in the country, including subordinate courts....
and other judges of the supreme court are appointed by His Excellency the President of Bangladesh
President of Bangladesh
Since 1991, the President of Bangladesh is the head of state, a largely ceremonial post elected by the parliament. Since 1996, the President's role becomes more important after the term of the government has finished, when his executive authority is enhanced as laid down in the constitution of the...
with prior mandatory consultation with the Prime Minister. The entry point to the sit of judges in the High Court Division is the post of Additional Judge who are appointed from among 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 under the provision of article 95 of the constitution. The judges of the Appellate Division are also appointed by the Honorable President 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 holds office till he/she attains the age of 67 years as extended by the provision of Constitution (Thirteen) 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 the 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 the office upon allowing the delinquent judge an opportunity of being heard.
The supreme judicial council is constituted with the Chief Justice of Bangladesh
Chief Justice of Bangladesh
Chief Justice of Bangladesh is the chief amongst the judges of the Supreme Court of Bangladesh He also is the head of the whole judicial establishment in the country, including subordinate courts....
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.
Supreme court judges are independent in their judicial function as empowered through article 94(4) of the constitution.
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.
Sitting Judges of the Appellate Division
- Chief Justice Md. Muzammel Hossain,Barrister-At-Law
- Justice Surandra Kumar Sinha
- Justice Md. Abdul Wahhab Miah
- Madame Justice Nazmun Ara Sultana
- Justice Syed Mahmud Hossain
- Justice Md. Imman Ali
- Justice Mohammed Mumtaz Uddin Ahmed
- Justice Md. Shamsul Huda
Sitting Judges of the High Court Division
(Senior 60 out of 98)1) Justice Sheikh Rezowan Ali
2) Justice Mohmmad Anwarul Haque
3) Justice Nozrul Islam Chowdhury
4) Justice Syed Muhammad Dastagir Husain
5) Justice Mirza Hussain Haider
6) Justice Khondkar Musa Khaled
7) Justice Mir Hasmat Ali
8) Justice Mashuque Hosain Ahmed
9) Justice A K M Fazlur Rahman
10) Justice Siddiqur Rahman Miah
11) Justice Abdul Awal
12) Justice Sharif Uddin Chaklader
13) Justice Mizanur Rahman Bhuiyan
14) Justice Syed A B Mahmudul Huq
15) Justice Tariq ul Hakim
16) Madame Justice Salma Masud Chowdhury
17) Justice Afzal Hossain Ahmed
18) Justice A.F.M. Ali Asgar
19) Justice Farid Ahmed
20) Justice Shamim Hasnain
21) Justice A.F.M Abdur Rahman
Justice A.F.M Abdur Rahman
Justice A.F.M. Abdur Rahman is sitting Judge of the High court division of Supreme Court of Bangladesh. He was appointed on 27 April 2003 by President of Bangladesh Iajuddin Ahmed, while he was a practicing Advocate of the Bangladesh Supreme Court, and confirmed on 27 April 2005...
22) Justice Dr. Md. Abu Tariq
23) Madame Justice Zinat Ara
24) Justice Muhammad Abdul Hafiz
25) Justice Dr. Syed Refaat Ahmed
26) Justice A. T. M. Fazle Kabir
27) Justice Miftah Uddin Choudhury
28) Justice A. K. M. Asaduzzaman
29) Justice Md. Ashfaqul Islam
30) Justice Zubayer Rahman Chowdhury
31) Justice Syed Abu Kowser Md. Dabirush-Shan
32) Justice Shahidul Islam
33) Justice Md. Abdul Hye
34) Justice Quamrul Islam Siddiqui
35) Justice Md. Fazlur Rahman
36) Justice Moyeenul Islam Chowdhury
37) Justice Md. Emdadul Huq
38) Justice Md. Rais Uddin
39) Justice Md. Emdadul Haque Azad
40) Justice Md. Ataur Rahman Khan
41) Justice Syed Md. Ziaul Karim
42) Justice Md. Rezaul Haque
43) Justice Sheikh Abdul Awal
44) Justice S. M. Emdadul Hoque
45) Justice Mamnoon Rahman
46) Madame Justice Farah Mahbub
47) Justice M. A. Hye
48) Justice Faruque Ahmed
49) Justice Mohammad Marzi-ul-Huq
50) Justice Md. Abdur Razzaque
51) Justice Hasan Foez Siddique
52) Justice A. H. M. Shamsuddin Chowdhury
53) Justice Md. Nizamul Huq
54) Justice Mohammad Bazlur Rahman
55) Justice A. K. M. Abdul Hakim
56) Justice Borhanuddin
57) Justice M. Moazzam Husain
58) Justice Soumendra Sarker
59) Justice Abu Bakar Siddiquee
60) Justice Md. Nuruzzaman
Latest appointed 10 judges of Highcourt are
89) Justice S H Nurul Huda Jaygirdar90) Justice K M Kamrul Kader
91) Justice Md. Khurshid Alam Sarker
92) Justice Md. Mujibur Rahman Miah
93) Justice Mostofa Zaman Islam
94) Justice Mohammadullah
95) Justice A K M Shahidul Haque
96) Justice Shahidul Karim
97) Justice Md. Jahangir
98) Justice Abu Taher Md. Saifur Rahman
Mr. Justice Surandra Kumar Sinha is the first justice
Justice
Justice is a concept of moral rightness based on ethics, rationality, law, natural law, religion, or equity, along with the punishment of the breach of said ethics; justice is the act of being just and/or fair.-Concept of justice:...
appointed from Monipuri
Bisnupriya Manipuri Society
The Bishnupriya Manipuris are a group of people live mainly in parts of Assam, Manipur, Tripura and Bangladesh. They are believed to have occupied Manipur at a very early date and their headquarters were at a city called Bishnupur of Manipur. They speak a language of Indo-Aryan origin which is...
or any minority Ethnic groups in Bangladesh
Ethnic groups in Bangladesh
Bangladesh's tribal population consisted of 897,828 persons, just over 1 percent of the total population, at the time of the 1981 census. The Bangladeshi population is relatively homogeneous and consists of about 98% ethnic Bengali as well as various tribal groups, mostly in the Chittagong Hill...
.
Madame Justice Nazmun Ara Sultana is the first ever female justice
Justice
Justice is a concept of moral rightness based on ethics, rationality, law, natural law, religion, or equity, along with the punishment of the breach of said ethics; justice is the act of being just and/or fair.-Concept of justice:...
, and Madame Justice Krishna Debnath is the first female Hindu
Hinduism in Bangladesh
Hinduism is the second largest religious affiliation in Bangladesh, covering more than 9.2% of the population, according to the Bangladesh Bureau of Statistics...
justice
Justice
Justice is a concept of moral rightness based on ethics, rationality, law, natural law, religion, or equity, along with the punishment of the breach of said ethics; justice is the act of being just and/or fair.-Concept of justice:...
of Bangladesh
Bangladesh
Bangladesh , officially the People's Republic of Bangladesh is a sovereign state located in South Asia. It is bordered by India on all sides except for a small border with Burma to the far southeast and by the Bay of Bengal to the south...
. There are total 5 female justices in the supreme court.
Controversy
Former Chief JusticeChief Justice
The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of Canada, the Constitutional Court of South Africa, the Court of Final Appeal of...
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
Rajshahi University
Rajshahi University or University of Rajshahi is a public university located in Rajshahi, a city in north-western Bangladesh...
, in 17 November 1988, when he was a leader of Jatiyo Samajtantrik Dal
Jatiyo Samajtantrik Dal
The Jatiyo Samajtantrik Dal is a political party in Bangladesh.The party founded in 1972 through the merger of socialist political activists and military officers. It was founded under the leadership of Major Abdul Jalil, a freedom fighter from Barisal District, and was also joined by pro-Awami...
(JSD), and Justice Mohammad Khosruzzaman was overtly involved in contempt of court
Contempt of court
Contempt of court is a court order which, in the context of a court trial or hearing, declares a person or organization to have disobeyed or been disrespectful of the court's authority...
in 30 November 2006
November 2006
November 2006 was the eleventh month of that year. It began on a Wednesday and 30 days later, ended on a Thursday....
.
Justice Nazrul Islam Talukder was the counsel of Captain (Rtd.) Qismet Hashem, one of the accused in Assassination of Sheikh Mujibur Rahman
Assassination of Sheikh Mujibur Rahman
The assassination of Sheikh Mujibur Rahman took place in the early hours of August 15, 1975, when a group of junior Bangladesh Army officers invaded Sheikh Mujibur Rahman's residence with tanks...
, the first President of Bangladesh
President of Bangladesh
Since 1991, the President of Bangladesh is the head of state, a largely ceremonial post elected by the parliament. Since 1996, the President's role becomes more important after the term of the government has finished, when his executive authority is enhanced as laid down in the constitution of the...
, and the jail killing
Jail Killing Day
Jail Killing Day is observed by the Awami League of Bangladesh and many other political organization on November 3 each year. It commemorates the killing of four Awami League leaders: former Vice President Syed Nazrul Islam, former Prime Minister of Bangladesh Tajuddin Ahmed and Captain Mansur...
in 1975.
Mr. Justice Imman Ali is a British
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
citizen, which may preclude him from taking the post of justice in Bangladesh
Bangladesh
Bangladesh , officially the People's Republic of Bangladesh is a sovereign state located in South Asia. It is bordered by India on all sides except for a small border with Burma to the far southeast and by the Bay of Bengal to the south...
.
Mr. Justice 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
Chief Justice of Bangladesh
Chief Justice of Bangladesh is the chief amongst the judges of the Supreme Court of Bangladesh He also is the head of the whole judicial establishment in the country, including subordinate courts....
on May 18, 2011.
See also
- Caretaker Government of BangladeshCaretaker government of BangladeshThe Caretaker Government of Bangladesh is a form of government system in which the country is ruled by a selected government for an interim period during transition from one government to another, after the completion tenure of the former. As the outgoing government hands over their power, the...
- Chief Adviser
- First ever Comprehensive Online Database of Bangladesh Laws Chancery Law Chronicles.
External links
- Chancery Law Chronicles-First ever Online Database of Bangladesh Laws
- http://www.bangladeshsupremecoutbar.com
- http://www.minlaw.gov.bd
- http://www.bangladeshbarcouncil.org