Supreme Court of Bangladesh

Supreme Court of Bangladesh, 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 June 2011, there are 10 Justices in Appellate Division and 86 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 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. 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.

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

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

Justice M. A. Hye

Justice Faruque Ahmed

Sitting Judges of the High Court Division

(Senior 55 out of 86)

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 Mohammad Marzi-ul-Huq

48) Justice Md. Abdur Razzaque

49) Justice Hasan Foez Siddique

50) Justice A. H. M. Shamsuddin Chowdhury

51) Justice Md. Nizamul Huq

52) Justice Mohammad Bazlur Rahman

53) Justice A. K. M. Abdul Hakim

54) Justice Borhanuddin

55) Justice M. Moazzam Husain

Latest appointed 4 judges are

83) Justice Bhabani Prasad Singha

84) Justice Md. Anwarul Haque

85) Justice Md. Akram Hossain Chowdhury

86) Justice Md. Ashraful Kamal

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.

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.

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.