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Supreme Court of Bangladesh
বাংলাদেশ সুপ্রীম কোর্ট
Supreme Court of Bangladesh Logo
23°43′51″N 90°24′09″E / 23.7308°N 90.4025°E / 23.7308; 90.4025
Location	Ramna, Dhaka 1000, Bangladesh
Coordinates	23°43′51″N 90°24′09″E / 23.7308°N 90.4025°E / 23.7308; 90.4025
Authorised 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
Annual budget	৳282 crore (US$24 million) (2024-2025)
Website	supremecourt.gov.bd
Chief Justice of Bangladesh
Currently	Syed Refaat Ahmed
Since	10 August 2024

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Supreme Court of Bangladesh (Bengali: বাংলাদেশ সুপ্রীম কোর্ট, romanized: Bānlādēś suprīm kōrṭ) 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 August 2024, there are 6 justices in the Appellate Division and 78 justices (76 are permanent and 2 are additional) in the High Court Division.

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. 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 they attain the age of 67 years as extended by the provision of article 95 of the 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 the 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 judges 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

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. Sheikh Hasina, the immediate past 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. 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. 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.

Justices

Sitting justices of the Appellate Division

Sitting permanent judges of the High Court Division

1. Madam Justice Salma Masud Chowdhury
2. Justice A. K. M. Asaduzzaman
3. Justice Md. Ataur Rahman Khan
4. Justice Sheikh Abdul Awal
5. Justice Mamnoon Rahman
6. Madam Justice Farah Mahbub
7. Madam Justice Naima Haider
8. Justice Md. Rezaul Hasan
9. Justice Abdur Rob
10. Justice Dr. Quazi Reza-Ul Hoque
11. Justice A. K. M. Zahirul Hoque
12. Justice Sheikh Md. Zakir Hossain
13. Justice Md. Habibul Gani
14. Justice Gobinda Chandra Tagore
15. Justice Sheikh Hassan Arif
16. Justice J. B. M. Hassan
17. Justice Md. Ruhul Quddus
18. Justice Md. Khasruzzaman
19. Justice Farid Ahmed
20. Justice Md. Nazrul Islam Talukder
21. Justice M Akram Hossain Chowdhury
22. Justice M Ashraful Kamal
23. Justice K. M. Kamrul Kader
24. Justice Md. Mozibur Rahman Miah
25. Justice Mostofa Zaman Islam
26. Justice Mohammad Ullah
27. Justice Muhammad Khurshid Alam Sarkar
28. Justice Shahidul Karim
29. Justice Mohammad Jahangir Hossain
30. Justice Abu Taher Mohammad Saifur Rahman
31. Justice Ashish Ranjan Das
32. Justice Mahmudul Haque
33. Justice Badruzzaman Badol
34. Justice Zafar Ahmed
35. Justice Kazi Md. Ejarul Haque Akondo
36. Justice Khizir Ahmed Choudhury
37. Justice Razik-Al-Jalil
38. Justice Bhishmadev Chakrabortty
39. Justice Md. Iqbal Kabir
40. Justice Md. Salim
41. Justice Md. Shohrowardi
42. Justice A. S. M. Abdul Mobin
43. Justice Md Mostafizur Rahman
44. Madam Justice Fatema Najib
45. Justice Md. Kamrul Hossain Molla
46. Justice S. M. Kuddus Zaman
47. Justice Md Atoar Rahman
48. Justice Khizir Hayat
49. Justice Shashanka Shekhar Sarkar
50. Justice Mohammad Ali
51. Justice Mohi Uddin Shamim
52. Justice Md. Riaz Uddin Khan
53. Justice Md Khairul Alam
54. Justice S. M. Moniruzzaman
55. Justice Ahmed Sohel
56. Justice Sardar Mohammad Rashed Jahangir
57. Justice Khondaker Diliruzzaman
58. Justice K. M. Hafizul Alam
59. Justice Muhammad Mahbub-Ul-Islam
60. Justice Shahed Nuruddin
61. Justice Md Zakir Hossain
62. Justice Md Akhtaruzzaman
63. Justice Md Mahmud Hasan Talukder
64. Justice Kazi Ebadoth Hossain
65. Justice K. M. Zahid Sarwar
66. Justice A. K. M. Zahirul Huq
67. Madam Justice Kazi Zinat Hoque
68. Justice Mohammad Showkat Ali Chowdhury
69. Justice Md. Atabullah
70. Justice Biswajit Debnath
71. Justice Md. Ali Reza
72. Justice Md. Bazlur Rahman
73. Justice K. M. Emrul Kayesh
74. Justice Fahmida Quader
75. Justice Md. Bashir Ullah
76. Justice A. K. M. Rabiul Hassan
77. Justice Debasish Roy Chowdhury
78. Justice Sikder Mahmudur Razi
79. Justice Md. Sagir Hossain

Sitting additional judges of the High Court Division

1. Justice Md. Aminul Islam
2. Justice S M Masud Hossain Dolon

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.

Madam justice Nazmun Ara Sultana was the first ever female justice, and Madam 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.

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 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.

The President of Bangladesh ordered the formation of a Supreme Judicial Council to investigate alleged misconduct of High Court 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.

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.

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

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 the 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 Ahmed issued 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. He was also criticised for his vitriolic attack on various politicians including Speaker and members of the Parliament.

See also

• Caretaker Government of Bangladesh
• Executive Magistrate of Bangladesh

References

1. ^ "Jurisdiction the Supreme Court". Archived from the original on 5 August 2024. Retrieved 28 August 2024.
2. List of Judges in Supreme Court of Bangladesh Archived 1 August 2015 at the Wayback Machine
3. Supreme Court of Bangladesh Archived 25 July 2013 at the Wayback Machine, Ministry of Law, Justice and Parliamentary Affairs of Bangladesh
4. First Bangladesh Online Case Law Database Archived 14 December 2006 at the Wayback Machine, Chancery Law Chronicles- Database of Judgements of Appellate Division of Supreme Court
5. Bangladesh Archived 10 September 2012 at the Wayback Machine, "Jurist Legal News and Research", University of Pittsburgh School of Law
6. ^ "Article 94. Establishment of Supreme Court". The Constitution of the People's Republic of Bangladesh. Ministry of Law, The People's Republic of Bangladesh.
7. "How far the use of 'Bangla' in the Court of Bangladesh?". The Daily Star. 21 February 2017. Archived from the original on 24 April 2019. Retrieved 17 May 2019.
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9. বিচার বিভাগে বাংলা প্রচলনে বুদ্ধিবৃত্তিক আন্দোলন প্রয়োজন [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.
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28. 11 newly-appointed HC judges take oath
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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

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