[🇧🇩] Judiciary of Bangladesh.

[Saif]

Minimum age for elevation of SC judges should be flexible

THE law ministry has prepared a draft based on two drafts of an ordinance that the Supreme Court and the judiciary reforms commission, which the government set up on October 3 for it...

www.newagebd.net

Minimum age for elevation of SC judges should be flexible
29 December, 2024, 00:00

THE law ministry has prepared a draft based on two drafts of an ordinance that the Supreme Court and the judiciary reforms commission, which the government set up on October 3 for it to submit the report in 90 days, have separately worked out to ensure transparency and meritocracy in the judiciary. The draft of the Supreme Court has proposed 50 years as the minimum age for the appointment of judges at the High Court and 60 years for the appointment of judges at the Appellate Division. The judiciary reforms commission in its draft has not, however, proposed any age limit of judges for their elevation to the High Court or the Appellate Division but has suggested 10 years’ professional experience keeping to the constitutional requirements. But the draft that the law ministry has prepared proposes 45 years as the minimum age for judges to be elevated to the High Court although it has not proposed any minimum age for the appointment of judges to the Appellate Division. The Supreme Court’s draft also seeks the establishment of a judicial appointment council, with nine members headed by the chief justice, for the appointment of the judges. The reforms commission, however, seeks the establishment of a Supreme Court judges’ appointment commission, with eight members headed by the chief justice, for the task.

The law adviser to the interim government says that the drafts of the ordinance that the Supreme Court and the judiciary reforms commission have prepared are significantly similar with some minor differences. The fifth amendment to the constitution in 1978 added an article, provisioning for the qualification of Supreme Court judges to be set by a law. But successive governments have been unwilling to enact such a law presumably to provision for the appointment of judges on political considerations or by way of nepotism. In such a situation, the legislation at hand that would be forthcoming could resolve many of the issues that have always remained prickly in the appointment of judges at the Supreme Court. But the minimum age of 50 years for the elevation of judges to the High Court and 60 years for the elevation to the Appellate Division that the Supreme Court has proposed does not sound right. Considering that there could be candidates adequately trained in law, having a strong legal background, proven impartiality and loyalty to the law, the provision for the minimum age that the Supreme Court draft suggests would discriminate against such candidates and deny the judiciary some brilliant minds. Considering that the Supreme Court judges retire at the age of 67, the minimum age for the appointment of the judges, a probable tenure of seven years for Appellate Division judges and 17 years for the High Court judges appears inadequate if the judiciary means to champion meritocracy.

While the legislation envisaged should resolve the issues of the appointment of judges to the Supreme Court, thereby ending controversies that have almost always surfaced during such appointment, it should keep the minimum age for the appointment of Supreme Court judges, both for the High Court and the Appellate Division, lower and 40 years of age appears a good solution.​

 

[Saif]

Competent judges must be appointed to High Court, says Advisor Asif Nazrul

Law Advisor Asif Nazrul has said appointing competent judges to the High Court is crucial for ensuring justice in Bangladesh reports bdnews24.com. "These judges hear cases related to all fundamental rights of the citizens. They decide cases on violations of the rights of over 160 million people,&r

thefinancialexpress.com.bd

Competent judges must be appointed to High Court, says Advisor Asif Nazrul
Published :
Dec 28, 2024 23:54
Updated :
Dec 28, 2024 23:54

Law Advisor Asif Nazrul has said appointing competent judges to the High Court is crucial for ensuring justice in Bangladesh reports bdnews24.com.

"These judges hear cases related to all fundamental rights of the citizens. They decide cases on violations of the rights of over 160 million people,” he said during a discussion titled the "Supreme Court Judges Appointment Ordinance, 2024” at the Judicial Administration Training Institute, or JATI, on Saturday.

Nazrul explained that the High Court judges also serve as appellate judges and, under Article 102 of the Constitution, can intervene in non-fundamental matters if they are convinced of the need to do so.

He reminded that the Constitution grants judges significant power, warning that if this institution is compromised, it would provide any repressive government with the opportunity to muzzle human rights.

“This is exactly what has happened over the last 15 years. The High Court has been turned into a tool for rights violations and the persecution of people,” said the advisor.

He referred to the case of Khadijatul Kubra, a political science student at Jagannath University, to highlight some of the failures of the judicial system.

“Such incidents have occurred, where the Appellate Division delayed her bail petition just to keep her in jail longer. Horrible things have happened.”

Nazrul criticised irregularities in judicial appointments, citing instances where those who had failed judicial exams or lacked practical experience were appointed to high judicial positions.

"I have witnessed the least attentive, politically biased people, with low moral standards, claim to be High Court judges. It’s astonishing," he said.

Nazrul called for addressing these issues in judicial appointments, saying: "We need to act. We must address this through the law. We need to see how we can make this process more constitutional and efficient.

“The main objective is clear—appoint more honest, qualified, and dedicated judges to the High Court."

He continued, “We will prepare a final draft and check for any constitutional conflicts. We will not allow a 54-year-old Constitution to hold us back.”

Nazrul pointed out that the irregularities are not limited to appointments to the High Court, but extend to the appointment of judges to the Appellate Division, bench allocation, the selection of the Chief Justice, and elevation to the Appellate Division.

"We will try to address each of these issues step by step," he said, adding: "We are extremely fortunate to have a reform-minded chief justice.

“Everyone should come together to make meaningful reforms, introduce good laws, and ensure better appointments."​

 

[Bilal9]

A historic moment
Five female justices appointed to HC Division of SC

View attachment 9583

For the first time in Bangladesh's history, five female lawyers have been appointed as justices in the High Court Division of the Supreme Court.

This landmark decision was announced on October 8, when 23 new judges were appointed to the High Court Division, five of whom are women. They were sworn in by Chief Justice Syed Refaat Ahmed the next day.

This marks a new era in the country's judiciary and represents a significant step forward in promoting women's empowerment within the legal profession.

The newly appointed justices are Mubina Asaf, Nasreen Akhtar, Ainunnahar Siddika, Tamanna Rahman, and Sathika Hossain.

Legal experts have praised the appointments as a recognition of the vital contributions women are making to the legal profession.

Five out of 23 judges being women is certainly great news. We must continue to increase the number of women in the judiciary. I would have been even happier if it were more than 10.— Nazmun Ara Sultana First female justice in HC, Appellate Division.

They believe that the inclusion of five women in the High Court Division will serve as an inspiration for future generations, encouraging more women to pursue careers in law.

Nazmun Ara Sultana, Bangladesh's first female justice in both the High Court and Appellate Division, welcomed the move.

"Five out of 23 judges being women is certainly great news. It's a hopeful sign, but we must continue to increase the number of women in the judiciary. I would have been even happier if it were more than 10," she said.

Sultana further said women are excelling in the legal field, often outperforming their male colleagues.

Barrister Jyotirmoy Barua also praised the decision, noting that it reflects a shift from past tokenism toward merit-based appointments of women.

He added that more women are entering the legal profession, breaking barriers, and excelling despite challenges. At universities, female students are performing as well as their male counterparts, and with specialised law studies, the chance of producing quality lawyers is growing.

"If senior lawyers create opportunities, we will get good lawyers, and good lawyers lead to good judges," he said.​

Wow - Bangladesh is always ahead of the rest of South Asia in these respects. Props for these reforms!

The number of women at the Indian Supreme Court is now 2 out of 33.

Gender Diversity at the Supreme Court of India - Supreme Court Observer

75 Years after the establishment of the Supreme Court, the institution has seen just 11 women judges in its corridors.

www.scobserver.in

 

[Bilal9]

Ending executive's power over judiciary

It is urgent that the top court is empowered to conduct its business of disciplining the lower court, making appointments, transfer of the judges and do other related functions transparently and effectively without being stymied by the influence of the executive branch of the state In a welcome de

thefinancialexpress.com.bd

Ending executive's power over judiciary
FE
Published :
Oct 29, 2024 21:48
Updated :
Oct 29, 2024 21:48

View attachment 10159

It is urgent that the top court is empowered to conduct its business of disciplining the lower court, making appointments, transfer of the judges and do other related functions transparently and effectively without being stymied by the influence of the executive branch of the state

In a welcome development, the Chief Justice (CJ) is reported to have sent a proposal recently to the Ministry of Law, Justice and Parliamentary Affairs for setting up a separate secretariat for the judiciary. Understandably, the objective of the proposal is to ensure independence of the judiciary. It may be recalled at this point that the landmark verdict handed down on December 2, 1999 by the Appellate Division in the famous Masdar Hossain case opened the door for separating the judiciary as it established (through the verdict) that the service of the judges of the country's subordinate courts was not the same as that of the members of the civil service. Thanks to the non-cooperation of the successive governments in the past that the verdict of the Masdar Hossain case could not be implemented for realisation of the spirit of the Article 22 of the Constitution. The effort of the 2007's caretaker government, which established a separate judicial service commission by amending the Code of Criminal Procedure and enacting the Judicial Service Rules, 2007, to this end did not also see the light of day. That is because, once in power, every elected government since the 1990s conveniently forgot to make good on their pre-election promise of separating the powers of the executive and the judiciary. The experience of the past, especially of the last one and a half decade, has amply demonstrated what price a nation has to pay if the power of the executive is not counterbalanced by an independent judiciary.

However, the July-August revolution led by students with overwhelming support of the masses that ended the autocratic rule of Hasina has opened up the rare opportunity to complete the unfinished task. As things stand at the moment, the law ministry acts as the secretariat of the judiciary and hence can interfere in the affairs of recruitment, transfer and promotion of judges of the subordinate courts. Once the apex court regains its full authority, the discretionary power of high governments officials exercised before on other organs of the state would be over. To this end, the CJ's proposal sent to the law ministry does, as reported, include a concept paper that explains the necessity and objectives of a separate secretariat for the judiciary under the Supreme Court by abolishing the existing system of joint authority of the apex court and the law ministry on the matter.

Also, the need for a separate secretariat for the judiciary emerges from the development that has taken place over the years in terms of a phenomenal rise in the number of lawsuits, administrative proceedings of the apex court as well as an increase in the number of judges in the subordinate courts. Against this backdrop, it is urgent that the top court is empowered to conduct its business of disciplining the lower court, making appointments, transfer of the judges and do other related functions transparently and effectively without being stymied by the influence of the executive branch of the state. This is also the basic condition for democracy to take hold in a modern state where the rule of law and constitutional obligations matter.

Now that the apex court has done its part by way of providing the necessary roadmap for making the judiciary truly independent, it is up to the law ministry to do its bit by vesting it (the apex court) with the necessary authority to that end.​

This is 2024 - and I still cannot believe we don't have an independent judiciary. Corrupt political parties always like to keep judges in their pockets. Even other South Asian countries are reverting back to this state of affairs.

 

[Saif]

This is 2024 - and I still cannot believe we don't have an independent judiciary. Corrupt political parties always like to keep judges in their pockets. Even other South Asian countries are reverting back to this state of affairs.

Bilal bhai, before we separate judiciary from executive, we need to reform our judiciary system to make it corruption free and accountable. Hope you agree with me.

 

[Bilal9]

Bilal bhai, before we separate judiciary from executive, we need to reform our judiciary system to make it corruption free and accountable. Hope you agree with me.

I concur wholeheartedly bhai. That is why there was the idea of a Judicial secretariat mooted which can remove judges if found to be corrupted. Judiciary has to discipline its own without influence from the executive.

 

[Saif]

2025, a new era for the judiciary

Chief Justice Syed Refaat Ahmed has expressed optimism that 2025 will mark a new beginning for the judiciary in Bangladesh, following the implementation of reforms outlined in the roadmap he announced on September 21, 2024.

www.thedailystar.net

2025, a new era for the judiciary
Hopes chief justice

Chief Justice Syed Refaat Ahmed has expressed optimism that 2025 will mark a new beginning for the judiciary in Bangladesh, following the implementation of reforms outlined in the roadmap he announced on September 21, 2024.

"The chief justice expressed his hope that in 2025, the judiciary of Bangladesh will be completely free from the influence of the executive and enjoy the benefits of its institutional independence and thus, by devoting itself to the service of the people as an independent organ of the state, the judiciary will be able to fulfill the aspirations of the people of July-August revolution of 2024," a Supreme Court press release said yesterday.

The chief justice revealed that a comprehensive action plan for judicial reform will be adopted by 2025.

Significant strides have already been made toward this goal, including the establishment of a separate secretariat for the judiciary, the formation of an independent council for the appointment of SC judges, and the development of transfer and posting policies for subordinate court judges.

Furthermore, following the resolution of the review petition concerning the constitution's 16th amendment, the Supreme Judicial Council of Bangladesh has been reconstituted under the chief justice's leadership and is currently functioning at full capacity.

According to the SC press release, the chief justice has already taken various initiatives to ensure transparency and accountability of judicial services for the litigants by eliminating all forms of corruption from the judiciary as soon as possible.​

 

[Saif]

Recommendation for separate investigative agency outside police

The judiciary reform commission feels a separate agency is needed to investigate the criminal cases. The proposed agency will be competent and reliable so that it can operate without influence

en.prothomalo.com

Judiciary reform commission
Recommendation for separate investigative agency outside police
The police, CID and the PBI are now in charge of the investigations into the criminal cases.

The proposed investigative agency will have a completely separate manpower from the police.

Mohiuddin Faruk
Dhaka
Published: 04 Jan 2025, 16: 30

The judiciary reform commission feels a separate agency is needed to investigate the criminal cases. The agency will be competent and reliable so that it can operate without external influence. The commission also stressed the need of a permanent attorney service to regain people's confidence in the judiciary.

The recommendation came up in the preliminary report of the commission which was sent to the law ministry recently.

At the moment, the police are in charge of running investigations into criminal cases. Apart from the police stations, the Criminal Investigation Department (CID) of the police and the Police Bureau of Investigation (PBI) also investigate criminal cases. The PBI was founded in 2012. These units operate under the Bangladesh Police. The members are recruited through transfer from the police force.

The preliminary report also cites some basic criteria of the proposed investigative agency. The report states that the proposed investigative agency will have a completely separate manpower from the police. Their appointment, conditions for service, budget, infrastructure and other ancillary matters will be under an independent institutional framework or organisation. The work of the proposed agency starts after the filing of a case. The investigation officials of the agency will work under the supervision of relevant attorneys or prosecutors.

Speaking to Prothom Alo, judiciary reform commission member Tanim Hossain Shawon said the preliminary report includes several recommendations including formation of a separate independent agency to ensure a proper and neutral investigation into criminal cases, formation of a permanent attorney service and ensuring a speedy and initiatives to ensure effective justice at a low cost in a quick time.

Police investigate criminal cases all over the world. There are also exceptions. For instance, in France, magistrates conduct investigations. We already have several agencies like the CID, PBI or the ACC (Anti-corruption Commission) to run investigations. So it’s not clear to me as to why another separate agency will be needed. Nurul Huda, former IGP

Besides, the commission is considering several other issues including financial independence of the judiciary and ensuring adequate budget.

The interim government has formed 11 commissions for the reform of different sectors and the judiciary reform commission is one of those. The eight-member-committee headed by retired justice Shah Abu Nayeem Mominur Rahman was formed on 3 October. The committee has a deadline of 90 days to submit their report. The deadline ended yesterday, Friday. However, the deadline has been extended up to 31 January. Before that, the commission sent a preliminary report to the law ministry.

The preliminary report says investigation is one of the most significant parts in the criminal justice system. Investigations are likely to have flaws and weaknesses in case the investigation official is not honest, brave, efficient and professional. In many cases, actual information is not reflected in the investigation due political influence and pressure. The verdict of a case depends a lot on a speedy and quality investigation.

Asked about the recommendations of the commission, former inspector general of police (IGP) Nurul Huda said, “Police investigate criminal cases all over the world. There are also exceptions. For instance, in France, magistrates conduct investigations. We already have several agencies like the CID, PBI or the ACC (Anti-corruption Commission) to run investigations. So it’s not clear to me as to why another separate agency will be needed.”

In the existing system, even the IGP does not have the jurisdiction to intervene with the investigation officer. Despite that, there have been numerous cases of exerting influence for mainly political reasons. He questioned, “Where is the guarantee that there will be no influence on the proposed agency?”

Police have multifaceted tasks. If a separate team is engaged only in investigations, it will enhance their competence and experience--Shahdin Malik, Supreme Court lawyer

The lawyers say the overall conviction rate in criminal cases in the country is more or less 20 per cent. The accused gets acquitted in 80 per cent of cases. The reason behind that is the lack of investigations. Usually an investigation officer deals with a number of cases simultaenously. They are also involved in many other tasks related to law and order. So it is natural that the investigation officer does not have enough time to run an investigation properly. There are also allegations of investigating officers altering the facts under pressure from influential persons and taking bribes.

The Transparency International Bangladesh (TIB) in a report published last month titled 'Corruption in Service Sectors: National Household Survey 2023’ said the top five sectors with the highest accusation of bribery are – passport, Bangladesh Road Transport Authority, law enforcement agencies, judicial services and land sector.

False cases and harassments

The reform commission said one of the biggest problems is false cases. In many cases, innocent persons are named among the accused. There are also cases where the actual incident is exaggerated or is completely and partially covered up. In such cases, there are possibilities of innocent people being convicted or the actual accused getting acquitted if the investigation is not fair. The incidents of filing false cases or using police to harass the rival groups are very common in the country.

The reform commission says people are afraid of the police force due to some police officials’ corruption, institutional shortcomings and arbitrary use of the police force for nefarious purposes.

The preliminary report says investigation is one of the most significant parts in the criminal justice system. Investigations are likely to have flaws and weaknesses in case the investigation official is not honest, brave, efficient and professional. In many cases, actual information is not reflected in the investigation due political influence and pressure. The verdict of a case depends a lot on a speedy and quality investigation.

Besides, the police do not have any single unit to conduct investigations; rather different departments are bestowed with the same type of tasks. The police investigation system is not organised and efficient. In many cases, trial begins without proper evidence due to lack of coordination and eventually the miscreants get acquitted.

The reform commission believes it is imperative to form an independent, effective, efficient, reliable and people- friendly investigative agency which can operate without influence.

The proposal for attorney service

The judiciary reform commission recommended formation of an attorney service. The report says to this day attorney generals and law officials at all levels have been appointed on temporary basis under political consideration. There is no legal structure to ensure accountability of law officials. Appointment of law officials is widely considered a reward for political loyalty.

Besides, there is almost no separate infrastructure, supportive manpower, budget and other necessary arrangements for district level law officials except the officials at the office of the attorney general. There is no obligation for the investigation official to consult law officials to take their opinion while investigating a criminal case. The remuneration fixed for the district level law officials is quite negligible. The service they provide is not satisfactory at all either. So there is no alternative to the formation of a permanent attorney service, the commission said.

The report also pointed out some characteristics of the proposed attorney service. It says the attorney service will be a permanent government job. There will be specific laws with proper provisions regarding the recruitment process, promotion, transfer, discipline, pay scale and other allowances and other relevant issues of the service. The attorney service will need adequate infrastructure, budget allocation and supportive manpower.

The report further says the proposed attorney service will have two units – the ‘Supreme Court unit’ consisting of assistant attorney general, deputy attorney general and additional attorney general and the ‘district unit’ consisting of assistant district attorney, deputy district attorney, additional district attorney and district attorney.

Supreme Court lawyer Shahdin Malik feels an independent investigative agency and a permanent attorney service are indeed needed for criminal cases. Praising the reform commission recommendations, he told Prothom Alo, “There are attorney services in many countries of the world. Bangladesh is an exception in this case where law cadre service doesn’t exist. All the posts, from general to public prosecutor, are often reshuffled with the change of the government resulting in a lack of competence, efficiency and experience.”

He further added, “Police have multifaceted tasks. If a separate team is engaged only in investigations, it will enhance their competence and experience. The investigation will be proper and more accurate.”

*This report appeared on the print an online versions of Prothom Alo and has been rewritten in English by Ashish Basu​

 

[Saif]

New helpline number launched to expedite judicial services

Bangladesh Supreme Court has launched another helpline number to provide quick and smooth judicial services and to address complaints and suggestions from the people. The new number is +88 01795373680. The helpline operates from 10am to 4pm, Sunday to Thursday, except on public holidays. An offi

thefinancialexpress.com.bd

New helpline number launched to expedite judicial services
UNB
Published :
Jan 05, 2025 21:52
Updated :
Jan 05, 2025 21:52

Bangladesh Supreme Court has launched another helpline number to provide quick and smooth judicial services and to address complaints and suggestions from the people.

The new number is +88 01795373680.

The helpline operates from 10am to 4pm, Sunday to Thursday, except on public holidays.

An officer from the Supreme Court Registry is available during these hours to offer help and guidance.

Service seekers are now encouraged to use this new number, along with the existing helpline, to report any issues or offer suggestions.

Earlier, the Supreme Court officially launched the helpline service on 26 September 2024.

Service recipients or trial seekers visiting the Bangladesh Supreme Court can contact the helpline number +88 01316154216 via phone call or WhatsApp for necessary information and advice regarding services.

The helpline was introduced to assist individuals facing obstacles in receiving services at any branch of the Supreme Court Registry.​

 

[Saif]

Probe allegations against some SC judges

President Mohammed Shahabuddin has instructed the chief justice-led Supreme Judicial Council (SJC) to investigate various allegations that have surfaced against several Supreme Court judges.

www.thedailystar.net

Probe allegations against some SC judges
President asks Supreme Judicial Council

File photo of President Mohammed Shahabuddin

President Mohammed Shahabuddin has instructed the chief justice-led Supreme Judicial Council (SJC) to investigate various allegations that have surfaced against several Supreme Court judges.

The president has made the decision under article 96(5)(b) of the constitution.

Accordingly, the SJC will start conducting the inquiry next week, according to a notification issued by the Supreme Court yesterday.

In December last year, the three-member SJC led by Chief Justice Syed Refaat Ahmed sent a primary inquiry report about some judges, against whom there were some allegations, to the president for a decision, SC Spokesperson Muajjem Hussain told The Daily Star on December 15.

He, however, could not reveal the contents of the report.

The other members of the SJC are senior judges of the Appellate Division, Justice Md Ashfaqul Islam and Justice Zubayer Rahman Chowdhury.

Eleven High Court judges are currently without benches after over 1,000 students demonstrated on the SC premises on October 16 last year, demanding the removal of the "pro-Awami League fascist judges".

On that day, SC Registrar General Aziz Ahmed told the protesters that 12 judges would not be assigned benches. Following this statement, the agitating students postponed their demonstrations.

Eleven HC judges — Justice Md Ataur Rahman Khan, Justice Naima Haider, Justice Sheikh Hassan Arif, Justice Muhammad Khurshid Alam Sarkar, Justice Ashish Ranjan Das, Justice Khizir Hayat, Justice SM Maniruzzaman, Justice Khandaker Diliruzzaman, Justice Md Akhtaruzzaman, Justice Shahed Nuruddin, Justice Md Aminul Islam, and Justice SM Masud Hossain Dolon — have not been given judicial duties since then.

Justice Md Ataur Rahman Khan has already retired.​

 

[Saif]

Make wealth disclosure mandatory for judges

Transparency is key to ensuring judicial integrity

www.thedailystar.net

Make wealth disclosure mandatory for judges
Transparency is key to ensuring judicial integrity

VISUAL: STAR

It is high time the practice of submitting wealth statements by Supreme Court judges—which has been stalled for the past 13 years—was revived and made mandatory by the government. The last time Supreme Court judges submitted their wealth statements was in 2011, when then-Chief Justice ABM Khairul Haque initiated the practice by submitting his own wealth statement to then-President Zillur Rahman. However, in the absence of a specific law or rule, this initiative has not continued.

Rights activists and legal experts have often called for a legal framework requiring judges to disclose their income and assets. This demand has become more relevant now as advisers to the interim government are themselves expected to disclose their wealth, with an ordinance to this effect reportedly in the works. Therefore, public disclosure of Supreme Court judges' wealth statements would not only enhance public trust but also reinforce the judiciary's prestige and integrity. Such a measure would help ensure that those entrusted with delivering justice and upholding the law are beyond reproach and free from corruption—qualities essential for maintaining the credibility of the judicial system.

One may recall that Chief Adviser Prof Yunus had previously underscored the need for government employees to regularly submit wealth statements, highlighting the current government's clear stance against corruption. Extending this requirement to all Supreme Court judges—as well as judges in lower courts—seems only to be the right thing to do to ensure the integrity of all public institutions.

Last September, in a significant step toward accountability, the interim government amended the Government Servants (Conduct) Rules, 1979, making it mandatory for public servants to submit annual wealth statements for themselves, their spouses, and dependents. Public servants who fail to comply with this requirement risk facing disciplinary action. Over the years, in the absence of such transparency measures, corruption has become widespread across the public service sector. Implementing wealth disclosure for judges should be seen as critical to addressing the potential risks of such corruption in the judicial system.

One may recall that Chief Adviser Prof Yunus had previously underscored the need for government employees to regularly submit wealth statements, highlighting the current government's clear stance against corruption. Extending this requirement to all Supreme Court judges—as well as judges in lower courts—seems only to be the right thing to do to ensure the integrity of all public institutions.

The interim government's stated goal is to create a governance system that is accountable to the people. To that end, it should promptly issue an ordinance mandating both the submission and public disclosure of judges' wealth statements, which could be formalised into law by a future elected government. Additionally, a robust mechanism should be established to thoroughly scrutinise these statements, so that anyone found involved in corruption can be held accountable.​

 

[Saif]

Justice for Sale: Case Files Found at Tk 16 per Kg

Who knew justice could be 'that' quick, or cheap?

www.thedailystar.net

Satire
Justice for Sale: Case Files Found at Tk 16 per Kg

Illustration: Jean Paul Satire

In a surprising turn of events, justice in Chattogram was found—at a scrap shop, no less—for just Tk 16 per kilogram. Yes, you read that right. Straight out of the script of legal comedy, a whopping 1,911 case files vanished from the Chattagram Metropolitan Court, only to be found in a scrap shop, being sold as "recycled justice."

It seems justice isn't just blind—it's on clearance! Probably on sale!

Any guesses as to who was the mastermind behind this daring operation? A tea seller, naturally. Sick of watching the wheels of justice turn slower than his kettle, he decided to speed things up by packing nine sacks of case files and selling them to a scrap dealer.

Who knew justice could be 'that' quick, or cheap?

The scrap dealer, probably thinking he was getting in on the ground floor of the latest paper trend, didn't bat an eye. To him, paper's paper—whether it's your grocery list or a witness statement.

Meanwhile, law enforcers were left in a frenzy, trying to figure out how to recover the files, likely while sipping tea to calm their nerves.

Now that the files are back where they belong, it's clear: Chattogram's justice system now operates on a "pay by the kilo" model. At Tk 16 per kg, it's cheaper than your breakfast and faster than the entire court system combined.

Who knew the price of justice could be so 'light'?​

 

[Saif]

SC JUDGE APPOINTMENT: Ordinance promulgated

The interim government on Tuesday issued a gazette notification for the Supreme Court Judge Appointment Ordinance, 2025, introducing a framework for establishing the Supreme Judicial Appointment Council to oversee judicial appointments.

www.newagebd.net

SC JUDGE APPOINTMENT: Ordinance promulgated
M Moneruzzaman 22 January, 2025, 00:33

Applicants must be 45 years or above

The interim government on Tuesday issued a gazette notification for the Supreme Court Judge Appointment Ordinance, 2025, introducing a framework for establishing the Supreme Judicial Appointment Council to oversee judicial appointments.

The ordinance, published by the Ministry of Law, Justice and Parliamentary Affairs, aims to assist the chief justice in making Supreme Court appointments in consultation with the president, in a ‘strengthened’, ‘effective’, and ‘transparent’ manner.

According to the gazette, the Supreme Judicial Appointment Council will be chaired by the chief justice.

Six other members of the council will be the senior-most judge of the Appellate Division, two senior-most High Court judges, one elevated from the bar and the other from the lower judiciary, a retired Appellate Division judge nominated by the council chairperson, the attorney general, who serves as the ex-officio chairman of the Bangladesh Bar Council, a university law professor or legal expert nominated by the council chairperson.

The council will evaluate candidates based on constitutional qualifications under Article 95(2)(c) and additional criteria.

The additional qualifications for candidates include a minimum age of 45 years, educational and legal background, professional experience, integrity and commitment to the rule of law.

Applicants below the age of 45 will be disqualified for appointment as additional High Court judges.

The council is authorised to collect necessary information on candidates, invite nominations through prescribed forms or public notices, and shortlist candidates for judicial positions.

It also can recommend additional High Court judges exceeding the vacant posts in the Appellate Division, while preparing a list of senior High Court judges proposed for elevation.

The ordinance includes provisions allowing the judicial appointment council to directly recommend appointments to the Appellate Division following the rules for appointing additional High Court judges.

The council also bars certain members, including High Court judges and the attorney general, from participating in discussions related to their potential elevation or regularisation.

The ordinance mandates the president to appoint judges within 15 days of receiving recommendations from the chief justice.

If further examination is required, the president can return the recommendations, extending the timeline by an additional 15 days.

The chief justice is responsible for determining the required number of judges for both the High Court and the Appellate Division and informing the president of the need for new appointments.

The council can recommend regularisation of additional High Court judges.

The ordinance fulfils a constitutional requirement introduced by the Fifth Amendment in 1978, which added Article 95(2)(c) mandating laws for Supreme Court judge qualifications. Successive governments, however, failed to enact such legislation, allegedly to facilitate political or nepotistic appointments.

Chief Justice Syed Refaat Ahmed urged the interim government to frame the ordinance as part of his broader judicial reform agenda.

This ordinance is expected to bring long-overdue transparency and accountability to the process of judicial appointments.​

 

[Saif]

Steps underway to establish specialised commercial court: Chief Justice

Measures are being taken to establish a specialised commercial court as part of ongoing judicial reform efforts, Chief Justice Syed Refaat Ahmed has said. This court will help swiftly resolve commercial disputes, he told a regional seminar titled “Judicial Independence and Efficiency in Bang

thefinancialexpress.com.bd

Steps underway to establish specialised commercial court: Chief Justice
FE ONLINE DESK
Published :
Jan 25, 2025 17:46
Updated :
Jan 25, 2025 19:39

Measures are being taken to establish a specialised commercial court as part of ongoing judicial reform efforts, Chief Justice Syed Refaat Ahmed has said.

This court will help swiftly resolve commercial disputes, he told a regional seminar titled “Judicial Independence and Efficiency in Bangladesh” in Moulvibazar on Saturday.

The seminar was jointly organised by the Bangladesh Supreme Court and the UNDP, with judicial officials from Sylhet, Habiganj and Moulvibazar in attendance.​

 

[Saif]

Panchagarh court besieged demanding removal of 4 judges

The protesters ended their protest programme around 8:00pm, following an assurance from the deputy commissioner

www.thedailystar.net

Panchagarh court besieged demanding removal of 4 judges

Photo: Star

The Anti-Discrimination Student Movement besieged Panchagarh Judges Court demanding the removal of four judges, including the district and sessions judge yesterday afternoon.

The agitators also locked the main gate of the court and staged demonstration by putting on barricade on Panchagarh-Banglabandha highway for hours.

The protesters ended their protest programme around 8:00pm, following an assurance from the deputy commissioner.

Witnesses said the protesters locked the main gate of the court and other gates of the compound around 2:00pm while they put barricade on the road around 3:00pm, causing immense sufferings to the commuters.

Deputy Commissioner of Panchagarh Md Sabet Ali went to the court premises and addressed the protesters, saying, "It takes some time for government decisions. However, the process has begun. The decision will be summarised in the Ministry of Law and then sent to the chief justice.

"The four judges against whom allegations were brought will not conduct any judicial work from now in the Panchagarh court and will leave from here. I request you to submit written complaint to me and I will send it to the Chief Justice."

Following the DC's announcement, the protesters left the court premises by holding a victory procession.

However, they also demanded that no legal action be taken against them over incidents of vandalism or other matters.

Under the same banner the agitators held a protest procession in Panchagarh town on Wednesday afternoon, demanding the removal of the four judges, including the district and sessions judge, for their alleged involvement in corruption in recruiting employees and intimidating leaders of the anti-discrimination student movement.

On that day, they also threatened to launch a tougher movement if their demand for the judges' removal was not met within 24 hours.

Speakers at the procession alleged that the judges engaged in corruption and played the roles as associates of former fascist regime.

The students alleged that as they raised voice against corruption the district and sessions judge threatened the student coordinators with dire consequences.

Earlier, on December 20, the recruitment test for appointing third and fourth-class employees at the Panchagarh Chief Judicial Magistrate Court was postponed following protests by jobseekers over irregularities.

Later, on January 4, a similar test for recruiting employees at the District and Sessions Judge's Court was suspended by the recruitment committee due to anomalies.​

 

[Saif]

AB Party calls for more comprehensive judicial reforms

The Amar Bangladesh Party (AB Party) has praised the government for its recent “Judicial Appointment Ordinance 2025" but termed it as "insufficient"

en.prothomalo.com

AB Party calls for more comprehensive judicial reforms
Prothom Alo English Desk
Published: 27 Jan 2025, 20: 36

The AB Party held a press conference at their central office in the capital on Monday Courtesy

The Amar Bangladesh Party (AB Party) has praised the government for its recent “Judicial Appointment Ordinance 2025”. However, the party has termed it as "insufficient"` to address the systemic backlog of over 4 million pending cases and ensure justice for all.

Addressing a press conference at the party’s central office in the capital, Zubair Ahmed Bhuiyan, AB party joint general secretary, provided detailed evaluations and recommendations.

Asaduzzaman Fuaad, general secretary of the AB Party, also recalled the 15 point judicial regime announced early October 2024.

They said AB Party welcomed the Judicial Appointment Ordinance, which aims to bring transparency and accountability to appointing judges to higher courts. The party also appreciated recent proposals for a separate Supreme Court Secretariat and a permanent attorney service.

However, they also placed a set of proposals for broader reforms including a minimum 5 years of legal experience for judicial appointments to lower courts, inclusion of public representatives in the judicial appointment process to balance legal perspectives with public interests and increasing quorum members for appellate division appointments from two to five.

They also stressed resolving the 4 million pending cases by introducing time limits for appeals, mandatory alternative dispute resolution mechanisms down to union and sub-district levels, allocation of litigation costs to the losing party, and a criminal case review commission to tackle false and frivolous cases.

AB Party leaders also expressed concerns over political influence in courts. They urged for banning political rallies, banners, and slogans within court premises to uphold judicial dignity. They vowed for separate bar associations from court campuses to prevent undue political interference.

The party warned that the proposed age limit for judicial appointments could face constitutional challenges and stressed prioritizing merit, integrity, and experience. The party leaders highlighted the need for courts to focus on investigation-driven criminal justice rather than police dominance.​

 

[Saif]

4 Panchgarh judges attached to ministry

The Panchagarh District and Sessions Judge, along with three other judges, have been attached as officers to the Law and Justice Division

www.thedailystar.net

4 Panchgarh judges attached to ministry

The Panchagarh District and Sessions Judge, along with three other judges, have been attached as officers to the Law and Justice Division.

Responding to the recent protests by the Anti-Discrimination Student Movement demanding their removal, AFM Golzar Rahman, deputy secretary (Administration-1) of the Law and Justice Division under the law ministry issued separate notifications regarding the transfer, following the president's directive today.

The notifications were published on the ministry's Law and Justice Division website in the evening.

The attached judges are Md Golam Faruk, district and sessions judge, Mehedi Hasan Mandal, chief judicial magistrate, Md Ashrafuzzaman, senior judicial magistrate, and Abu Hena Siddiqui, judicial magistrate.

Under the banner of Anti-Discrimination Student Movement, the protesters besieged Panchagarh Judge's Court on Sunday, locking its main gate and staging demonstrations by barricading the Panchagarh-Banglabandha highway for hours demanding the removal of the four judges.

They made the demands over their alleged involvement in corruption in recruiting employees and intimidating leaders of the anti-discrimination student movement.​

 

[Saif]

JUDICIARY REFORM COMMISSION: Separate secretariat under SC to be suggested

The judiciary reform commission is set to recommend key reforms including establishing a separate secretariat for the judiciary under the Supreme Court, aiming to free the judiciary from the influence of the executive branch of the state.

www.newagebd.net

JUDICIARY REFORM COMMISSION: Separate secretariat under SC to be suggested
Sadiqur Rahman 31 January, 2025, 00:22

Permanent attorney service, independent investigation agency in draft report

The judiciary reform commission is set to recommend key reforms including establishing a separate secretariat for the judiciary under the Supreme Court, aiming to free the judiciary from the influence of the executive branch of the state.

According to the members of the reform commission, their recommendations also include the formation of an independent and logistically equipped attorney service.

The reform commission identified the issue of politically affiliated attorneys being hired, which often resulted in biased and weakest legal representation, a member of the commission said.

The attorneys even receive inadequate remuneration under the present system, the member pointed out.

Formed on October 3, 2024, the commission is expected to submit its recommendations to the government today, said Dhaka University’s law department associate professor Quazi Mahfujul Hoque Supan, one of the members of the commission.

He said that they would also submit the report to the chief adviser, Professor Muhammad Yunus, on February 5.

A seven-member judiciary reform commission, headed by retired Appellate Division judge Shah Abu Nayeem Mominur Rahman, was assigned to submit a report by the first week of January this year. The commission later got one more month to submit their report.

The other members of the commission include High Court judges Justice Emdadul Haque and Justice Farid Ahmed Shibli, former district and session judges Syed Aminul Islam and Masdar Hossain, Dhaka University’s law department associate professor Quazi Mahfujul Hoque Supan and Supreme Court lawyer Hussain Shawn.

Due to many challenges, including professional inefficiency, attorneys lose in lawsuits, and, to address this, the commission is going to recommend transforming the attorney system into a permanent service, where lawyers would be appointed through recruitment tests, said one of the reform commission members.

As the police simultaneously play roles for law enforcement and investigation, effective investigation into cases is hindered. That is why, the commission will propose the establishment of a dedicated investigation agency so that the investigations can be done effectively, another member of the commission said.

They said that some police officials might be apprehensive about the establishment of the agency.

They, however, clarified that the investigation agency would be comprised of the existing police personnel as immediate manpower expansion would not be feasible.

For the investigation agency, a framework will be introduced to ensure investigations in coordination with the attorney service, they said and added that the collaboration between the attorney service and the investigation agency would result in more accurate charge-sheet framing.

They said that they would also propose a specialised ‘evidence unit’ within the investigation agency for the protection of the witnesses and collecting, preserving and presenting evidence in the courts.

To facilitate the swift resolution of trade and commerce-related disputes, the reform commission is set to recommend the establishment of a ‘commercial court’ as delays in such cases adversely affect businesses and the economy.

Furthermore, the reform commission highlighted the need for reforms in legal education, emphasising ethics, codes of conduct, and professionalism among lawyers.

The commission’s recommendations also stressed the need for alternative dispute resolution as a means to alleviate the burden on the judiciary.

Appointing Supreme Court judges by the Supreme Judicial Appointment Council will be one of the key recommendations, the commission members said.

Law, justice, and parliamentary affairs Adviser Asif Nazrul on January 21, however, disclosed that Supreme Court judges would now be appointed through an independent council under a newly promulgated ordinance.​

 

[Saif]

Flawed probe, weak prosecution major obstacles to justice: CJ

Chief justice Syed Refaat Ahmed on Saturday underscored the need for a specialised and independent prosecution service, stating that flawed investigations and inadequate prosecutions remain significant barriers to justice in the country...

www.newagebd.net

Flawed probe, weak prosecution major obstacles to justice: CJ
Staff Correspondent 02 February, 2025, 00:09

Chief justice Syed Refaat Ahmed

Chief justice Syed Refaat Ahmed on Saturday underscored the need for a specialised and independent prosecution service, stating that flawed investigations and inadequate prosecutions remain significant barriers to justice in the country.

Speaking at a regional seminar on ‘Judicial Independence and Efficiency’ in Rajshahi, the chief justice pointed out that poorly prepared cases and insufficient evidence frequently lead to low conviction rates, depriving victims of justice and eroding public trust.

‘Without a specialised and independent prosecution service, the integrity of the justice system is undermined, and public confidence in its fairness is weakened,’ the chief justice said.

He stressed the need for prosecutors to evolve beyond being perceived as mere state agents and instead become integral partners in the justice system.

Their role is pivotal in ensuring both the rights of the accused and the interests of society, the chief justice added.

Highlighting the ongoing judicial reforms, the chief justice revealed that the Supreme Court had submitted a proposal for the formation of a Supreme Court Secretariat, which is currently under government review.

‘My dedicated team within the Supreme Court Registry, in collaboration with the Law and Justice Division, is actively working on finalising the Secretariat’s organisational structure and defining its functions,’ he stated.

The chief justice also emphasised the urgent need for clear rules governing the transfer and promotion of district judiciary members.

‘We are developing a comprehensive set of benchmarks to create a fit list for key judicial positions, such as District Judge, Chief Judicial Magistrate, and Chief Metropolitan Magistrate. These measures aim to establish a stable, merit-driven judicial system that reflects our commitment to excellence and integrity,’ he said.

He noted that the Supreme Court Judges Appointment Ordinance was passed on January 21, 2025—just four months after he first presented the judicial reform road map on September 21, 2024, after resuming his office.

The swift enactment, he said, demonstrates the judiciary’s determination and the support of key stakeholders in ensuring a transparent, merit-based appointment process in the higher judiciary.

The chief justice further highlighted the judiciary’s pressing needs, including housing, security, infrastructure development, budget allocation, and technology integration.

He acknowledged the role of development partners, particularly the United Nations Development Programme Bangladesh, in supporting judicial reforms.

He expressed gratitude to UNDP Resident Representative Stefan Liller, Assistant Resident Representative Anowarul Haq, and Senior Rule of Law, Justice and Security Adviser Romana Schweiger for their contributions towards advancing the reform agenda.

Additionally, he commended the Supreme Court Special Committee for Judicial Reform, led by Justice Md Ashfaqul Islam and comprising Justice Farah Mahbub, Justice Zafor Ahmed, and Justice Mohammad Ali, for their efforts in strengthening the judicial system.

The seminar in Rajshahi marked the third of its kind, following similar sessions in Sylhet and Chattogram, aimed at engaging judicial officers and stakeholders in discussions on judicial efficiency and independence.​

 

[Saif]

Judiciary reforms: Decentralised judiciary at the core

The Judiciary Reform Commission recommends curbing the president’s power to pardon convicts and establishing permanent High Court benches at every divisional city.

www.thedailystar.net

Judiciary reforms: Decentralised judiciary at the core

Justice Shah Abu Naeem Mominur Rahman, the Judiciary Reform Commission chairman, hands over its report to Chief Adviser Prof Muhammad Yunus. Photo: PID

The Judiciary Reform Commission recommends curbing the president's power to pardon convicts and establishing permanent High Court benches at every divisional city.

It also proposes establishing civil and criminal courts at upazilas; reducing the mobile court's jurisdiction in sentencing; formulating legislation to establish an independent criminal investigation agency; and preventing filing of false cases with a law.

The reforms are proposed in 28 areas.

The commission led by Justice Shah Abu Nayeem Mominur Rahman handed over the 380-page report to Chief Adviser Prof Muhammad Yunus yesterday.

Chief Adviser's Press Secretary Shafiqul Alam told reporters that the judiciary was not fully independent under the previous government.

"That's why the Judiciary Reform Commission proposes making the judiciary fully independent," he said.

The reform commission proposes amending the constitution so that the most senior judge of the Appellate Division gets to be the chief justice; forming a nine-member commission led by the chief justice for appointment of Supreme Court judges; fixing the number of the Appellate Division judges at seven; raising the judges' retirement age to 70, up from 67; setting the minimum age for judges at 48; and increasing the number of judges in the higher and lower courts.

Currently, the Appellate Division has five judges including the chief justice while the High Court division has 94. Seven of the HC judges have been kept away from judicial proceedings since demonstrations on the SC premises on October 20 last year.

There are around 2,100 lower court judges across the country, SC sources said.

The number of cases pending with the courts across the country is at 44.43 lakh.

The interim government on January 21 this year issued an ordinance for recruitment of judges in the SC through a seven-member Supreme Judicial Appointment Council led by the chief justice.

The council will look into the candidates' educational qualifications, professional skills, experience, publications, training; criminal record; special knowledge and skills in a particular area of law; overall knowledge, wisdom, honesty, reputation, and other matters, says the ordinance.

The reform commission proposes establishing a six-member board led by the attorney general to regulate the absolute power of the president; and amending the criminal laws to enhance judicial magistrates' powers.

The commission suggests giving powers to the Supreme Judicial Council (SJC), which comprises of the chief justice and two senior most judges of the Appellate Division, to voluntarily investigate judges facing allegations; establishing an SC secretariat for full independence and separation of the judiciary; and forming a permanent and independent attorney service to appoint impartial prosecutors.

It also proposes that mobile courts run by the judicial magistrates can only slap financial penalties, not prison sentences.

The commission recommends formulation of a code of conduct to prevent corruption by judges of all courts.

Every three years, the property details of the SC and lower court judges and employees should be uploaded to the internet.

It also proposes appointing a retired, honest, and efficient district judge for a period of two to three years in the districts where a large number of criminal appeals, criminal revisions, civil appeals and civil revisions are pending.

Besides, witnesses should be allowed to testify through the internet.

It recommends more budget allocations for the financial independence of the judiciary.

To instill moral values in the society to reduce crimes, arrangements should be made to impart moral education at different levels of society, schools, colleges and religious institutions.

Tanim Hussain Shawon, a member of the reform commission, told The Daily Star that the commission held 29 meetings among themselves and 37 meetings with stakeholders before making the recommendations.

Around 15,000 people, including commoners, lawyers, judges and others gave their views on reforms to the commission so far, he added.

The eight-member Judiciary Reform Commission was formed on October 3 last year.

Members of the commission include retired HC judges Justice Emdadul Haque and Justice Farid Ahmed Shibli; former registrar general of the SC Syed Aminul Islam; former district and sessions judge Masdar Hossain; Dhaka University Associate Professor Kazi Mahfuzaul Haque Supan; and a student representative.​