[🇧🇩] Judiciary of Bangladesh.

[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.​