[🇧🇩] 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.​