The Supreme Court of Bangladesh

The Supreme Court of Bangladesh (Bengali: ???????? ??????? ????? ) 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 August 2013, there are 9 Justices in Appellate Division and 92 (74 are permanent and 18 are additional) in High Court Division. Structure.

The Judiciary of Bangladesh consists of a Supreme Court, subordinate courts and tribunals. The Supreme Court of Bangladesh comprises of the Appellate Division and the High Court Division. It is the apex Court of the country and other Courts and Tribunals are subordinate to it. The Appellate Division shall have Jurisdiction to hear and determine appeals from judgments, decrees, orders or sentences of the High Court Division. It has rule making power for regulating the practice and procedure of each division and of any Court subordinate to it.

The High Court Division, though a Division of the Supreme Court, is for all practical purposes, an independent court with its powers, functions and jurisdictions well defined and determined under the Constitution and different laws. It has both appellate as well as original jurisdiction. It hears appeals from orders, decrees and judgments of subordinate courts and tribunals. It has original jurisdiction to hear Writ Applications under article 102 of the Constitution, which is known as extra ordinary constitutional jurisdiction.

It has further original jurisdiction, inter alia, in respect of company and admiralty matters under statutes. The High Court Division, in special circumstances, has also powers and jurisdiction to hear and dispose of cases as the court of first instance under article 101 of the Constitution. The High Court Division shall have Superintendence and control over all Courts and tribunals subordinate to it. 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.

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 sit of judges in the High Court Division is the post of Additional Judge who is 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 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 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 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. 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 judgments 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.