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[🇧🇩] Judiciary of Bangladesh.
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Government transfers 252 judicial officials, promotes 13 judges

FE ONLINE DESK
Published :
Jun 02, 2025 22:20
Updated :
Jun 02, 2025 22:20

The government has transferred a total of 252 judicial officials across the country, including 30 District and Sessions Judges, 38 Additional District Judges, 163 Assistant and Senior Assistant Judges, and 21 Joint District and Sessions Judges. In addition, 13 Senior Assistant Judges have been promoted to the post of Joint District and Sessions Judge.

The Ministry of Law, Justice and Parliamentary Affairs announced the changes through an official notification signed by Deputy Secretary AFS Golzar Rahman, issued under the directive of the president.

All transferred officials have been instructed to hand over responsibilities to designated authorities by June 3 and join their new postings immediately in the interest of public service, according to local media.

A separate notification confirmed that, following consultation with the Supreme Court, the 13 promoted judges will also assume their new roles without delay. One judge currently on maternity leave will report to the new posting upon return.​
 

Spirit of 16th Amendment case was to put independence of judges at stake: SC

BSS Dhaka
Published: 05 Jun 2025, 22: 18

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High Court File photo

The Appellate Division of the Supreme Court (SC) in its judgement, which reinstated the Supreme Judicial Council to remove apex court judges for incapacity or violating the code of conduct, has said the spirit of 16th Amendment case, was to put independence of judges at stake.

"What was the essence of the Sixteenth Amendment case? It was an attempt by a despotic and fascist government to wrest the power of removal of Judges from the Supreme Judicial Council and vest them in the hands of the Parliament, thereby putting the independence of Judges at stake," the apex court observed.

The observation was made in the full text of the Appellate Division judgment that was pronounced on 20 October 2024. The apex court released the 50-page full-text today.

"Disposed of with observation," said the judgment passed by the Appellate Division bench headed by Chief Justice Syed Refaat Ahmed on 20 October, while disposing of a plea to review the apex court judgment that had declared the 16th constitutional amendment illegal

"In other words, if a Judge, in the course of discharging his function, would incur the wrath or disfavour of the government, he/she could be removed from office by the stroke of a pen by the Members of the Parliament. Can such a situation be allowed or accepted in a democratic society? The answer, in my considered view, as has also been stated by my learned brothers in their respective judgments, is an emphatic 'No'," said the observation made by Justice Zubayer Rahman Chowdhury in the judgment.

The apex court in its judgment also said, a judge, while deciding a case, should refrain from entering into any controversial political issue which demoralises him, putting him under serious criticism.

"A judge should, thus, remain abstinent in expressing his political view which may have an anarchic impact on the image of the judiciary and thereby affects the independence of the judiciary," it added.

Lauding the order as a milestone for the real independence of the judiciary, Attorney General Md Asaduzzaman had said the judiciary, through this order, reached a point to work independently. This verdict will surely make its place in history.

"A historic responsibility has been assigned to the Supreme Judicial Council, adding, "I hope they will be able to work correctly, keeping their backbone straight. The review plea was filed much earlier on 94 grounds. We have examined all 94 grounds and concluded that there is not a single ground good enough to review the case. We told the court that we would not place the grounds before it," he had said after the pronouncement of the judgment.

Senior advocate Manjil Mushid moved the writ petition before the court, while Barrister Ruhul Quddus Kazal also took part in the hearing. Attorney General Md Asaduzzaman stood for the state.

A seven-member Appellate Division full bench on 3 July 2017, pronounced its judgment, upholding a High Court verdict that declared illegal the 16th amendment to the constitution, which had empowered parliament to remove judges for incapacity or misconduct. The state later filed the plea, seeking a review of the apex court judgment.

A three-member High Court bench led by Justice Moyeenul Islam Chowdhury had delivered the verdict by majority on 5 May 2016.​
 

Irregularities, bribery rampant in SC procedures
M Moneruzzaman 14 June, 2025, 23:43

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Irregularities, bribery and harassment are allegedly rampant at every stage of case procedure in the Supreme Court in spite of the chief justice’s pledge to ensure judicial accountability and root out corruption from the judicial system.

A number of lawyers alleged that they were facing the problem at almost all stages of a case procedure, from filing the petitions and collecting signed orders.

Corruption by court staff or lawyers’ clerks damages the judiciary’s image in the public eye, chief justice Syed Refaat Ahmed said on September 21, 2024, while unveiling a roadmap for judicial reforms.

He also declared a policy of zero tolerance for any form of corruption, stating that corruption, even in a judge’s private life, tarnishes the image of the entire judiciary.

The lawyers claimed that irregularities had become so routine that they now functioned like ‘customary laws,’ despite not being part of any official rules approved by the Bangladesh Bar Council.

Supreme Court registrar general Aziz Ahmed Bhuiyan told New Age on June 12 that the administration could not take action without receiving specific complaints.New Age products

‘We cannot investigate or act without concrete allegations,’ he said. ‘However, we remain vigilant and are investigating several cases internally.’

According to many lawyers, they cannot continue legal practice without complying with corrupt practices that have become part of the ‘informal system’.

They alleged that leaders of the Bar Association were failing to take action against widespread bribery and harassment in court services, even after receiving formal complaints.

A lawyer alleged that he approached the Bar leaders with his concerns, but they told him to ‘follow the system’ if he wanted to continue practicing law.

‘You have to do what everyone else is doing,’ the lawyer quoted a Bar leader as saying.

In the Supreme Court, orders or verdicts are often left untyped for months, even years, unless bench officers are paid bribes.

A lawyer said that an order he obtained from the court was not typed until his clerk paid Tk 500 to a bench officer.

Once typed, the judge’s ‘jamadar’ allegedly demands at least Tk 100 to bring out the signed order from the judge’s chamber.

For certified copies, section officials allegedly refuse to process files without payments ranging from Tk 300 to Tk 500, lawyers said.

In some cases, court officials allegedly call lawyers to inform them that their orders have arrived, they said, explaining that the implied meaning of the call was that the officials expect payment for the delivery of the orders.

Dispatch Section staff also allegedly delay sending court orders to recipients unless they are paid at least Tk 100.

One lawyer said that his order meant for Dhaka Judges’ Court was held for three days simply because he did not pay the bribe.

The morning submission of hearing slips, approved by judges, often turns meaningless as bench officers allegedly exclude cases from the day’s list unless they are paid Tk 500 or more.

A lawyer claimed that hearing slips were delayed for up to two months for not making payment.

Affidavits, too, are allegedly sworn in immediately only if affidavit officers receive bribes, according to the lawyers.

Similarly, after government authorities are served court notices, section staff allegedly refuse to put the ‘ready for hearing’ seal on files unless they are paid Tk 300 to Tk 500.

In cases of non-payment, the files are returned, causing further delay.

Although it is the section’s responsibility to send listed cases to court, lawyers allege that files do not reach the bench unless their clerks pay Tk 100 to Tk 200 to the section officer in the morning.

If there is no payment, lawyers are often left standing in court without their files being produced.

According to a lawyer, the official estimate to get a certified copy of an order is Tk 150 to Tk 200.

But, in reality, lawyers are forced to pay around Tk 2,000 to receive the copy.

‘If no bribe is paid, the application goes missing even after the estimated fee is verified,’ he said.

Files related to enrollment in the Appellate Division go missing for years unless bribes are paid to the judge’s assistant, commonly referred to as ‘Addali’, some lawyers alleged.

In many cases, Addalis allegedly demand Tk 20,000 to Tk 25,000 per file to circulate them among High Court judges for required signatures.

According to another lawyer, the behavior of some court staff is rude and disrespectful.

‘We feel like hostages to these staff. They don’t respect us as lawyers,’ he added.

Some lawyers said that they avoided paying bribes because of their religious beliefs.

They, however, claimed that the court officials pressured them to be involved in illegal practices.

The lawyers urged the Bar Association to intervene and stop the growing malpractice in the court system.

Bangladesh Bar Council convener and senior lawyer Zainul Abedin told New Age on June 12 that he also declared zero tolerance for corruption within the Bar Council, echoing the chief justice’s stance on judicial reforms.New Age products

‘Both the Bangladesh Bar Council and the chief justice are working together to eliminate corruption from the judiciary,’ he said.

He said that the chief justice was identifying areas of malpractice and seeking input from bar associations to address them.

Zainul Abedin acknowledged the urgency of tackling corruption in the Supreme Court but noted that such longstanding problems could not be resolved overnight, especially given the chief justice’s short tenure.

‘Still, I am hopeful that the incumbent chief justice will be able to bring meaningful change,’ he added.

Additional attorney general Mohammad Arshadur Rouf told New Age on Saturday that the allegations of bribery in the higher judiciary should not be generalised.

‘The allegations should be specific. If you provide concrete information, I will personally request the chief justice to take action,’ he said.New Age products

He said that, to his knowledge, the chief justice was addressing the issue, and several staff members and bench officers had faced action.

‘I caught a bench officer red-handed for corruption. He was later suspended,’ said Arshad, who is also a senior lawyer.

Md Muajjem Hussain, special officer of the High Court Division and spokesman of the Supreme Court, said that most lawyers were reluctant to file formal complaints despite long-standing allegations, making it difficult to resolve the problems.

He noted that a visible outcome of the reform initiatives would take time. ‘We need six to eight months to see results,’ said Muajjem, also an additional district judge deputed to the Supreme Court Registry.

Following a directive from the chief justice, an online complaint register was launched on September 26, 2024.

As of January 1, 2025, the Supreme Court administration received 33 complaints involving allegations of misconduct, bribery, negligence, and other irregularities. These include 12 complaints against judges of various district courts, three against staff of the High Court Division, 12 against district court employees, and six against lawyers.

The chief justice in his roadmap also said, ‘Any form of corruption must be eliminated.’

‘If heads of institutions—such as district judges, chief judicial magistrates, or designated judges—fail to prevent or act against corruption, it will amount to professional disqualification,’ the chief justice warned.

He also acknowledged receiving complaints about various irregularities within the Supreme Court.

‘I have heard disturbing reports about the affidavit section, dispatch, and copy sections,’ he said. ‘Such irregularities will not be tolerated.’

He added that he had already issued 12 directives aimed at improving service and eliminating irregularities, and emphasised that implementation would be strictly monitored.​
 

More needs to be done to end corruption in judicial system
16 June, 2025, 00:00

THE judicial system remains rampantly infested with irregularities, bribery and harassment despite a call of the chief justice for ensuring judicial accountability and rooting out corruption. Accounts of lawyers, as New Age reported on June 15, suggest that every stage of case procedures, from filing petitions to obtaining signed orders, is mired in such problems. The chief justice on September 21, 2024 said that corruption of court officials and lawyers’ clerks was damaging for the image of the judiciary in the public eye. The chief justice has also announced a policy of zero tolerance of any form of corruption, even in a judge’s private life, as it tarnishes the judiciary. Yet, the infestation continues, lowering the image of the judiciary, slowing down justice delivery and making people’s resorting to legal proceedings expensive. Accounts suggest that orders or verdicts are not typed unless bench officers are paid bribes. Sign orders cannot be obtained unless junior officials are given money. Section officials refuse to process certified copies unless the palm is greased. Without the hand being greased, dispatch section officials do not send court orders to recipients.New Age products

The amount of money paid off to make files fly and processes expeditious ranges from as low as Tk 100 to as high as Tk 20,000. Bribery and corruption have grown so ingrained in the system that many lawyers say that it has become almost impossible for them not to comply with the ‘informal system’ of bribery. Some allege that when they take up the issue with bar association leaders, they are told to ‘follow the system’, putting the failure to take action against bribery and harassment in court services down to the bar leaders. The registrar general of the Supreme Court, however, seeks to say that action cannot be taken without complaints being officially filed, noting that they remain vigilant and have so far internally investigated several cases. The reason for which the victims remain unwilling to file official complaints could, however, be anybody’s guess. And, this suggests that the grievance or complaints resolution mechanism that has failed to work, understandably in fear of reprisal. An online complaint register was launched on September 26, 2024 and as of January 1, 2025, 33 complaints of misconduct, bribery, negligence and other irregularities were filed. The chief justice, who has also acknowledged receiving complaints about the affidavit, dispatch and copy sections that he says are ‘disturbing,’ is reported to have issued several directives to eliminate irregularities.

The relevant authorities should, therefore, do more to end irregularities and bribery in the court system as the process that gives people legal redress should in no way remain corrupt.​
 

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