Supreme Court of Bangladesh

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. 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 the President of Bangladesh with prior mandatory consultation with the Prime Minister. 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.

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.

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.

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 Permanent Judges of the High Court Division

1. Justice Syed Muhammad Dastagir Husain
2. Justice Mizanur Rahman Bhuiyan
3. Justice Syed A B Mahmudul Huq
4. Justice Tariq ul Hakim
5. Madame Justice Salma Masud Chowdhury
6. Justice Shamim Hasnain
7. Justice A.F.M Abdur Rahman
8. Justice Dr. Md. Abu Tariq
9. Madame Justice Zinat Ara
10. Justice Muhammad Abdul Hafiz
11. Justice Dr. Syed Refaat Ahmed
12. Justice Miftah Uddin Choudhury
13. Justice A. K. M. Asaduzzaman
14. Justice Md. Ashfaqul Islam
15. Justice Zubayer Rahman Chowdhury
16. Justice Quamrul Islam Siddiqui
17. Justice Md. Fazlur Rahman
18. Justice Moyeenul Islam Chowdhury
19. Justice Md. Emdadul Huq
20. Justice Md. Rais Uddin
21. Justice Md. Emdadul Haque Azad
22. Justice Md. Ataur Rahman Khan
23. Justice Syed Md. Ziaul Karim
24. Justice Md. Rezaul Haque
25. Justice Sheikh Abdul Awal
26. Justice S. M. Emdadul Hoque
27. Justice Mamnoon Rahman
28. Madame Justice Farah Mahbub
29. Justice A. K. M. Abdul Hakim
30. Justice Borhanuddin
31. Justice M. Moazzam Husain
32. Justice Soumendra Sarker
33. Justice Abu Bakar Siddiquee
34. Justice Md. Nuruzzaman
35. Justice Md. Moinul Islam Chowdhury
36. Justice Obaidul Hassan
37. Justice M Enayetur Rahim
38. Madame Justice Dr. Naima Haydar
39. Justice Md. Rezaul Hasan
40. Justice Md. Faruque
41. Justice Md. Shawkat Hossain
42. Justice F. R. M. Nazmula Ahasan
43. Madame Justice Krishna Debnath
44. Justice A. N. M. Bashir Ullah
45. Justice Abdur Rob
46. Justice Dr. Quazi Reza-Ul Hoque
47. Justice Md. Abu Zafor Siddique
48. Justice A. K. M. Zahirul Hoque
49. Justice Jahangir Hossain
50. Justice Sheikh Md. Zakir Hossain
51. Justice Md. Habibul Gani
52. Justice Gobinda Chandra Tagore
53. Justice Sheikh Hassan Arif
54. Justice J. B. M. Hassan
55. Justice Md. Ruhul Quddus
56. Justice Md. Khasruzzaman
57. Justice Farid Ahmed
58. Justice Md. Nazrul Islam Talukder
59. Justice Bhabani Prasad Singh
60. Justice Anwarul Haque
61. Justice M Akram Hossain Chowdhury
62. Justice M Ashraful Kamal
63. Justice S H Nurul Huda Jaygirdar
64. Justice K M Kamrul Kader
65. Justice Mohammad Khurshid Alam Sarker
66. Justice Mohammad Mujibur Rahman Miah
67. Justice Mostofa Zaman Islam
68. Justice Mohammadullah
69. Justice A K M Shahidul Haque
70. Justice Shahidul Karim
71. Justice Mohammad Jahangir
72. Justice Abu Taher Mohammad Saifur Rahman
73. Justice Ashish Ranjan Daash
74. Justice Mahmudul Haque
75. Justice Badruzzaman Badol
76. Justice Zafar Ahmed
77. Justice Kazi M Ejarul Haque Akond
78. Justice Mohammad Shahinur Islam
79. Madame Justice Kashefa Hussain
80. Justice Syed Mohammad Mozibur Rahman
81. Justice Amir Hossain [1]
82. Justice Khizir Ahmed Choudhury
83. Justice Razik Al-Jalil
84. Justice Bhishmadev Chakrabortty
85. Justice Md. Iqbal Kabir
86. Justice Md. Salim
87. 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.

High court Justice Jyotirmoy Narayan Deb Chowdhury died on 15 December 2016, and Appellate division Justice Md. Bazlur Rahman died on 1 January 2017, both from cancer.

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, 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 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 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.

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.

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 Sangshad 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 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.