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Oberstes Gericht (Bangladesch)

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Vorlage:Infobox high court

The Supreme Court of Bangladesh (Vorlage:Lang-bn) 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 March 2013, there are 6 Justices in Appellate Division and 94 (78 are permanent and 16 are additional) in High Court Division.[1]

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.[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 His Excellency the President of Bangladesh with prior mandatory consultation with the Prime Minister.[5] 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.[5]

A judge of the Bangladesh Supreme court holds office until 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.[5]

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.[5]

Supreme court judges are independent in their judicial function as empowered through article 94(4) of the constitution.[5]

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.

Judges

Sitting Judges 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 Justice Law school
Chief Justice Md. Muzammel Hossain [1] 16 July 2009 27 April 1998 16 January 2015 Shahabuddin Ahmed Sheikh Hasina (Awami League) Advocate at Supreme Court Dhaka University; University of Sheffield; Lincoln's Inn
Justice Surandra Kumar Sinha 16 July 2009 [2] 24 October 1999 31 January 2018 Shahabuddin Ahmed Sheikh Hasina (Awami League) Advocate at Supreme Court Chittagong University
Justice Md. Abdul Wahhab Miah 23 February 2011 [3] 24 October 1999 10 November 2018 Shahabuddin Ahmed Sheikh Hasina (Awami League) Advocate at Supreme Court Dhaka University
Madame Justice Nazmun Ara Sultana 23 February 2011 [4] 28 May 2000 7 July 2017 Shahabuddin Ahmed Sheikh Hasina (Awami League) District and Session Judge Dhaka University
Justice Syed Mahmud Hossain 23 February 2011 22 February 2001 30 December 2021 Shahabuddin Ahmed Sheikh Hasina (Awami League) Deputy Attorney General Dhaka University
Justice Md. Imman Ali [5] 23 February 2011 22 February 2001 31 December 2022 Shahabuddin Ahmed Sheikh Hasina (Awami League) Advocate at Supreme Court Chittagong University; Dhaka University; Lincoln's Inn

Sitting Permanent Judges of the High Court Division

  1. Justice Mohmmad Anwarul Haque
  2. Justice Nozrul Islam Chowdhury
  3. Justice Syed Muhammad Dastagir Husain
  4. Justice Mirza Hussain Haider
  5. Justice Siddiqur Rahman Miah
  6. Justice Abdul Awal
  7. Justice Sharif Uddin Chaklader
  8. Justice Mizanur Rahman Bhuiyan [6]
  9. Justice Syed A B Mahmudul Huq
  10. Justice Tariq ul Hakim
  11. Madame Justice Salma Masud Chowdhury
  12. Justice A.F.M. Ali Asgar
  13. Justice Farid Ahmed
  14. Justice Shamim Hasnain
  15. Justice A.F.M Abdur Rahman
  16. Justice Dr. Md. Abu Tariq
  17. Madame Justice Zinat Ara
  18. Justice Muhammad Abdul Hafiz
  19. Justice Dr. Syed Refaat Ahmed
  20. Justice A. T. M. Fazle Kabir
  21. Justice Miftah Uddin Choudhury
  22. Justice A. K. M. Asaduzzaman
  23. Justice Md. Ashfaqul Islam
  24. Justice Zubayer Rahman Chowdhury
  25. Justice Shahidul Islam
  26. Justice Md. Abdul Hye
  27. Justice Quamrul Islam Siddiqui
  28. Justice Md. Fazlur Rahman
  29. Justice Moyeenul Islam Chowdhury
  30. Justice Md. Emdadul Huq
  31. Justice Md. Rais Uddin
  32. Justice Md. Emdadul Haque Azad
  33. Justice Md. Ataur Rahman Khan
  34. Justice Syed Md. Ziaul Karim
  35. Justice Md. Rezaul Haque
  36. Justice Sheikh Abdul Awal
  37. Justice S. M. Emdadul Hoque
  38. Justice Mamnoon Rahman
  39. Madame Justice Farah Mahbub
  40. Justice Md. Abdur Razzaque [7]
  41. Justice Hasan Foez Siddique
  42. Justice A. H. M. Shamsuddin Chowdhury [8]
  43. Justice Md. Nizamul Huq [9] [10]
  44. Justice Mohammad Bazlur Rahman
  45. Justice A. K. M. Abdul Hakim
  46. Justice Borhanuddin
  47. Justice M. Moazzam Husain
  48. Justice Soumendra Sarker
  49. Justice Abu Bakar Siddiquee
  50. Justice Md. Nuruzzaman
  51. Justice Md. Moinul Islam Chowdhury
  52. Justice Obaidul Hassan
  53. Justice M Enayetur Rahim
  54. Madame Justice Dr. Naima Haydar
  55. Justice Md. Rezaul Hasan
  56. Justice Md. Faruque [11]
  57. Justice Md. Shawkat Hossain
  58. Justice F. R. M. Nazmula Ahasan
  59. Madame Justice Krishna Debnath
  60. Justice A. N. M. Bashir Ullah
  61. Justice Abdur Rob
  62. Justice Dr. Quazi Reza-Ul Hoque
  63. Justice Md. Abu Zafor Siddique
  64. Justice A. K. M. Zahirul Hoque
  65. Justice Jahangir Hossain
  66. Justice Sheikh Md. Zakir Hossain
  67. Justice Md. Habibul Gani
  68. Justice Gobinda Chandra Tagore
  69. Justice Sheikh Hassan Arif
  70. Justice J. B. M. Hassan
  71. Justice Md. Ruhul Quddus [12]
  72. Justice Md. Khasruzzaman
  73. Justice Farid Ahmed
  74. Justice Md. Nazrul Islam Talukder
  75. Justice Bhabani Prasad Singh [13] [14]
  76. Justice Anwarul Haque
  77. Justice M Akram Hossain Chowdhury
  78. Justice M Ashraful Kamal

Additional Judges of Highcourt Division

  1. Justice S H Nurul Huda Jaygirdar [15]
  2. Justice K M Kamrul Kader
  3. Justice Md. Khurshid Alam Sarker
  4. Justice Md. Mujibur Rahman Miah
  5. Justice Mostofa Zaman Islam
  6. Justice Mohammadullah
  7. Justice A K M Shahidul Haque
  8. Justice Shahidul Karim
  9. Justice Md. Jahangir
  10. Justice Abu Taher Md. Saifur Rahman
  11. Justice A B M Altaf Hossain [16]
  12. Justice Ashish Ranjan Das
  13. Justice Mahmudul Haque
  14. Justice Badruzzaman Badal
  15. Justice Zafar Ahmed
  16. Justice Kazi M Ejarul Haque Akond

Mr. Justice Surandra Kumar Sinha is the first justice appointed from Monipuri or any minority Ethnic groups in Bangladesh. Newly appointed additional judge 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 total 5 female justices in the supreme court.

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, 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. [17] 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 [18], [19], which may preclude him from taking the post of justice in Bangladesh. [20]

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. [21]

Justice Mohammad Nizamul Huq resigned from the post of International Crimes Tribunal (ICT)-1 chairman on December 11, 2012 amid controversy for holding Skype conversations with an expatriate Bangladeshi legal expert based in Belgium.[22]

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 February 17 The Daily Inqilab report, termed slain (on 15 February 2013) 2013 Shahbag protests activist and blogger Ahmed Rajib Haidar a moortad (non-believer), among the justices of the Supreme Court of Bangladesh. [23]

See also

References

Vorlage:Reflist

Vorlage:Asia topic

  1. ↑ Referenzfehler: Ungültiges <ref>-Tag; kein Text angegeben für Einzelnachweis mit dem Namen JUDGES.
  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. ↑ a b c d e Constitution of Bangladesh
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