Supreme Court of Bangladesh

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 January 2023, there are 8 Justices in Appellate Division and 92 Justices (81 are permanent and 11 are additional) in High Court Division.^[1]

Supreme Court of Bangladesh
বাংলাদেশ সুপ্রীম কোর্ট
Supreme Court of Bangladesh Logo
Location	Ramna, Dhaka 1000, Bangladesh
Coordinates	23°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 by	Constitution of Bangladesh
Judge term length	Mandatory retirement at 67 years of age.
Number of positions	6 in Appellate Division 95 in High Court Division
Website	supremecourt.gov.bd
Chief Justice of Bangladesh
Currently	Hasan Foez Siddique [1]
Since	31 December 2021

Supreme Court of Bangladesh in Dhaka

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^[9]	31 March 2013	22 February 2001	25 September 2023	Shahabuddin Ahmed	Sheikh Hasina (Awami League)	Additional Attorney General of Bangladesh	Chittagong University
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^[12]	9 January 2022	16 November 2008	27 February 2024	Iajuddin Ahmed	Fakhruddin Ahmed	Advocate at Supreme Court	Chittagong University
Justice M Enayetur Rahim^[12]	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	01 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. Rais Uddin
7. Justice Md. Emdadul Haque Azad
8. Justice Md. Ataur Rahman Khan
9. Justice Syed Md. Ziaul Karim
10. Justice Md. Rezaul Haque
11. Justice Sheikh Abdul Awal
12. Justice S. M. Emdadul Hoque
13. Justice Mamnoon Rahman
14. Madam Justice Farah Mahbub
15. Justice Md. Moinul Islam Chowdhury
16. Madam Justice Naima Haider
17. Justice Md. Rezaul Hasan
18. Justice A. N. M. Bashir Ullah
19. Justice Abdur Rob
20. Justice Dr. Quazi Reza-Ul Hoque
21. Justice A. K. M. Zahirul Hoque
22. Justice Sheikh Md. Zakir Hossain
23. Justice Md. Habibul Gani
24. Justice Gobinda Chandra Tagore
25. Justice Sheikh Hassan Arif
26. Justice J. B. M. Hassan
27. Justice Md. Ruhul Quddus^[13]
28. Justice Md. Khasruzzaman
29. Justice Farid Ahmed
30. Justice Md. Nazrul Islam Talukder
31. Justice M Akram Hossain Chowdhury^[14][15]
32. Justice M Ashraful Kamal
33. Justice K. M. Kamrul Kader^[16][17]
34. Justice Md. Mozibur Rahman Miah
35. Justice Mostofa Zaman Islam
36. Justice Mohammadullah
37. Justice Muhammad Khurshid Alam Sarkar
38. Justice A K M Shahidul Haque
39. Justice Shahidul Karim
40. Justice Mohammad Jahangir Hossain
41. Justice Abu Taher Mohammad Saifur Rahman
42. Justice Ashish Ranjan Das^[18][19]
43. Justice Mahmudul Haque
44. Justice Badruzzaman Badol
45. Justice Zafar Ahmed
46. Justice Kazi Md. Ejarul Haque Akondo
47. Justice Md. Shahinur Islam^[20]
48. Madam Justice Kashefa Hussain
49. Justice Khizir Ahmed Choudhury^[21][22]
50. Justice Razik-Al-Jalil
51. Justice Bhishmadev Chakrabortty
52. Justice Md. Iqbal Kabir
53. Justice Md. Salim
54. Justice Md. Shohrowardi
55. Justice Md. Abu Ahmed Jamadar^[23][24]
56. Justice A. S. M. Abdul Mobin
57. Justice Md Mostafizur Rahman
58. Madam Justice Fatema Najib
59. Justice Md. Kamrul Hossain Molla
60. Justice SM Kuddus Zaman
61. Justice Md. Atowar Rahman
62. Justice Khizir Hayat
63. Justice Shashanka Shekhar Sarkar
64. Justice Mohammad Ali
65. Justice Mohi Uddin Shamim
66. Justice Md. Riaz Uddin Khan
67. Justice M Khairul Alam
68. Justice S. M. Moniruzzaman
69. Justice Ahmed Sohel
70. Justice Sardar Mohammad Rashed Jahangir
71. Justice Khondaker Diliruzzaman
72. Justice KM Hafizul Alam
73. Justice Muhammad Mahbub-Ul-Islam^[25]
74. Justice Shahed Nuruddin
75. Justice Md Zakir Hossain
76. Justice Md Akhtaruzzaman
77. Justice Md Mahmud Hasan Talukder
78. Justice Kazi Ebadoth Hossain
79. Justice K. M. Zahid Sarwar
80. Justice AKM Zahirul Haque
81. 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.^[26]

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.^[27]

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.^[28]

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.^[29]

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.^[30]

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.^[31]

Chief Justice Surendra Kumar Sinha resigned on 11 November 2017 from Singapore while on a leave, and transiting from Australia to Canada.^[32] 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.^[33]

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.^{[34] [35]}

He was also criticised for his vitriolic attack on various politicians including Speaker and members of the Parliament.^[36]

See also

• Caretaker Government of Bangladesh
• Executive Magistrate of Bangladesh

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. "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. • . The Daily Star. 21 February 2017. Archived from the original on 24 April 2019. Retrieved 17 May 2019.
   • . The Daily Star. 17 February 2015. Archived from the original on 24 April 2019. Retrieved 17 May 2019.
   • [Intellectual movement needed to implement Bengali in the Judiciary]. Bonik Barta (in Bengali). Archived from the original on 17 May 2019. Retrieved 17 May 2019.
   • [Law exists, but no proper implementation]. Prothom Alo (in Bengali). Archived from the original on 22 April 2019. Retrieved 17 May 2019.
   • [Why there's delay to implement Bengali in all domain of life]. Jugantor (in Bengali). Archived from the original on 22 April 2019. Retrieved 17 May 2019.
   • [Regarding removing obstacles to implement Bengali in the Judiciary]. Dainik Sangram (in Bengali). Archived from the original on 22 April 2019. Retrieved 17 May 2019.
   • উচ্চ আদালতে এখনো অবহেলিত বাংলা [Bengali still ignored in the High Court]. Prothom Alo (in Bengali). Archived from the original on 25 April 2019. Retrieved 17 May 2019.
   • [Bengali in all domains: High Court's instructions not been followed]. Bhorer Kagoj (in Bengali). Archived from the original on 22 April 2019. Retrieved 17 May 2019.
   • [Enforce Bengali Language Implementation Act]. Daily Inqilab (in Bengali). Archived from the original on 22 April 2019. Retrieved 17 May 2019.
   • [Bengali in the High Court]. The Daily Ittefaq (in Bengali). Archived from the original on 22 April 2019. Retrieved 17 May 2019.
   • উচ্চ আদালতে বাংলা প্রচলন [Implementation of Bengali in the High Court]. Prothom Alo. from the original on 13 October 2013. Retrieved 17 May 2019.
   • . The Independent. Dhaka. Archived from the original on 25 April 2019. Retrieved 17 May 2019.
   • [Law Commission's recommendation]. Jaijaidin (in Bengali). Archived from the original on 22 April 2019. Retrieved 17 May 2019.
7. ['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. 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. "Chief Justice Hasan Foez Siddique sworn in". The Daily Star. 31 December 2021. Retrieved 1 September 2022.
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 elevated to Appellate Division of SC". The Daily Star. 9 January 2022. Retrieved 1 September 2022.
13. "4 HC judges to be sworn in today". The Daily Star. 15 October 2012. Retrieved 12 November 2016.
14. "Jobs of 4 HC judges regularised". The Daily Star. 10 December 2012. Retrieved 12 November 2016.
15. "4 new Justices sworn in". banglanews24.com. Archived from the original on 17 January 2013. Retrieved 12 November 2016.
16. "News in Brief". The Daily Star. 8 October 2013. Retrieved 12 November 2016.
17. "HC judges sworn in". bdnews24.com. 7 October 2013. Retrieved 12 November 2016.
18. "5 addl HC judges sworn in". The Daily Star. 12 June 2014. Retrieved 12 November 2016.
19. "Justice Manik tasked with criminal cases". The Daily Star. 15 June 2012. Retrieved 12 November 2016.
20. "Newly appointed HC judges take oath". The Daily Star. 6 August 2013. Retrieved 12 November 2016.
21. "10 HC judges sworn in". The Daily Star. 13 February 2015. Retrieved 12 November 2016.
22. হাই কোর্টে স্থায়ী হলেন ৮ বিচারক. bdnews24.com (in Bengali). 8 February 2017.
23. "18 additional HC judges appointed". New Age. 31 May 2018.
24. "18 HC judges sworn in". The Daily Star. 30 May 2020.
25. "Nine new HC judges appointed". The Daily Star. 21 October 2019.
26. "Bangladesh Judge Fired for Graft". Arab News. 21 April 2004. Retrieved 10 August 2022.
27. "Oath of 2 angers pro-BNP lawyers". The Daily Star. 5 November 2010. Retrieved 12 November 2016.
28. "CJ-hopeful Nayeem resigns". The Daily Star. 13 May 2011. Retrieved 12 November 2016.
29. "Remove Justice Nizamul from HC". The Daily Star. 31 December 2012. Retrieved 12 November 2016.
30. "Pro-BNP, Jamaat lawyers oppose president's move". The Daily Star. 27 February 2013. Retrieved 12 November 2016.
31. . The Independent. Dhaka. 7 July 2014. Archived from the original on 14 July 2014.
32. "President's office receives Justice Sinha's resignation". bdnews24.com. Retrieved 20 March 2018.
33. "Bangladesh's ex-chief justice sentenced to 11 years in jail for money laundering". www.aa.com.tr. Retrieved 25 July 2022.
34. "The Daily Star Web Edition Vol. 4 Num 241". archive.thedailystar.net. Retrieved 25 July 2022.
35. "The Daily Star Web Edition Vol. 5 Num 194". archive.thedailystar.net. Retrieved 25 July 2022.
36. "Justice Manik and image of judiciary". The Daily Star. 21 September 2015. Retrieved 25 July 2022.

External links

• Official website
• Ministry of Law, Justice and Parliamentary Affairs, Bangladesh
• Bangladesh Bar Council
• Chancery Law Chronicles-First ever Online Database of Bangladesh Laws
• Bangladesh Law Digest – BDLD