[🇧🇩] Judiciary of Bangladesh.

[Saif]

JUDICIARY INDEPENDENCE: Commissions for reform of constitution

The Judicial Reform Commission, in its full report, has recommended amendments, modifications, and additions to 32 articles of the constitution to enhance the judiciary’s institutional, financial, and functional independence.

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JUDICIARY INDEPENDENCE: Commissions for reform of constitution
M Moneruzzaman 17 February, 2025, 00:27

The Judicial Reform Commission, in its full report, has recommended amendments, modifications, and additions to 32 articles of the constitution to enhance the judiciary’s institutional, financial, and functional independence.

The proposed reforms also aim to redefine the roles and powers of the president and the prime minister in judicial affairs.

Senior lawyer Shahdeen Malik observed that the proposed amendments reflect a major shift toward judicial independence, reducing executive influence and strengthening institutional autonomy.

He said that the JRC recommendations aim to eliminate dual administration, establish transparent judicial appointment mechanisms, and reinforce the judiciary’s authority in governance.

The interim government has released the full reports of six commissions formed on October 3, 2024 in the first phase of its state reform initiatives.

Summaries of these reports were previously published after their submission to chief adviser Professor Muhammad Yunus in January.

The complete reports were made available on February 8 on the websites of the Cabinet Division and the Constitutional Reform Commission.

The JRC proposed key amendments include an amendment to Article 48(3). The commission in the article proposed granting the president the authority to appoint Supreme Court judges, in addition to the chief justice and the prime minister, without requiring the prime minister’s advice.

Currently, the president must act on the prime minister’s advice in all matters except the appointment of the prime minister and the chief justice.

The CRC recommended that the president would appoint the chief justice, judges of the Appellate Division and the High Court Division, and the Comptroller and Auditor General through a prescribed method.

The power to determine the number of High Court and Appellate Division judges would shift from the president to the chief justice, who would make recommendations to the president, according to the JRC proposed amendment to Article 94(2).

The recommended amendment to Article 94(4) stipulates that all Supreme Court judges should be designated as Justice and allowed to perform public interest duties to enhance judicial efficiency while maintaining the integrity of the judiciary.

The JRC recommended an amendment to Article 95 to appoint the senior-most Appellate Division judge as the chief justice and establish a Judicial Appointment Commission to oversee Supreme Court appointments.

To insulate judicial appointments from political influence, the CRC proposed a seven-member Judicial Appointment Commission tasked with ensuring a fair and transparent selection process.

Additionally, it recommended that the most senior judge of the Appellate Division should be appointed as the chief justice.

The JRC recommended amending Article 96(1) to increase the retirement age for Supreme Court judges from 67 to 70.

According to JRC’s proposed amendment to Article 96(3), if allegations of misconduct or incapacity arise against the chief justice, a retired chief justice or retired Appellate Division judge, nominated by the president, would lead the Supreme Judicial Council instead of the sitting chief justice.

While advocating for the retention of the Supreme Judicial Council, the CRC suggested empowering a nine-member high-power National Constitutional Council beside the president to forward complaints of judicial misconduct to the SJC for investigation.

The JRC recommended amending Article 100 to give the chief justice the authority to establish High Court benches in each of the divisional headquarters outside the capital, subject to rules made under Article 107.

The CRC suggested decentralising the High Court by setting up permanent benches in each of the divisional headquarters and keeping the Appellate Division in the capital.

According to the JRC proposed amendment to Article 107, the Supreme Court would no longer require presidential approval to frame rules and regulations in governing its decisions, including those of the High Court, Appellate Division, and subordinate courts.

It also recommended a new definition of contempt of court by amending Article 108, saying that a new definition of contempt of court would be introduced, covering non-compliance with Supreme Court laws, decisions, orders, and directives, as well as any obstruction in their implementation.

It said that the Supreme Court would have the sole authority to investigate and impose penalties for contempt, including determining punishments and trial procedures.

According to the JRC-proposed amended Article 109, the Appellate Division would have supervisory control over the administrative management (but not judicial affairs) of subordinate tribunals, while the High Court Division would oversee the administrative management of subordinate courts and tribunals.

Both executive and judicial authorities would be explicitly required to comply with and enforce Supreme Court laws, decisions, orders, and directives, said the JRC proposed amendment to Article 112.

It proposed an amendment to Article 113 to establish a Supreme Court Secretariat to manage judicial functions. Additionally, the provision requiring presidential approval for the appointment of Supreme Court employees would be removed, shifting this authority to the chief justice and the Supreme Court.

The JRC proposed an amendment to Article 115 to create a Judicial Department to oversee courts and tribunals.

The president would appoint magistrates and judicial staff in consultation with the Supreme Court, replacing the current provision that grants the president sole authority over such appointments.

It also recommended an amendment to Article 116 to transfer the control over judicial personnel including posting, promotion, and discipline from the president to the Supreme Court.

However, presidential approval would still be required for promotions and dismissals.

The commission stated that this change aligned with the Supreme Court’s Masder Hossain case ruling and aimed to free the judiciary from executive influence.

The CRC recommended renaming subordinate courts as local courts and establishing a Judicial Secretariat under the Supreme Court.

This secretariat would handle the appointment, posting, promotion, leave, and disciplinary matters of judges in local courts, and oversee administrative functions, budgeting, and human resource management.

The JRC proposed an amendment to Article 49 to restrict the president’s power to grant pardons, reprieves, and commutations of sentences. Such actions would be subject to guidelines and procedures established by law.

It also recommended an amendment to Article 55(2) to restrict the prime minister’ executive authority and ensure that the executive power of the Republic is exercised strictly in accordance with the constitution.

The JRC proposed an amendment to Article 55(8) to eliminate the president’s authority to make rules regarding the allocation and transaction of government business related to the judiciary.

According to the amendment to Article 99(1), retired chief justices, Appellate Division justices, and High Court justices would be barred from holding offices of profit or practicing in any court after retirement or resignation.

However, they could be appointed to judicial or quasi-judicial bodies to support judicial development.

A retired or resigned permanent High Court judge would be allowed to practice in the Appellate Division.

The JRC proposed adding a reference to a Bangladesh Attorney Service alongside the Attorney General in Parts IV and V of the Constitution.

This would establish a permanent attorney service for government law officers. A new department would be created to assist the attorney general, with its structure and appointments regulated under Article 133 relating to the appointment of SC staff.

The CRC also proposed the creation of the Bangladesh Attorney Service, a separate and permanent legal service headed by the attorney general.

Under this system, the attorney general’s office would be responsible for appointing all law officers in the courts.​

 

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CJ asks DCs to strengthen judicial cooperation

Chief Justice Syed Refaat Ahmed on Monday instructed the deputy commissioners to take firm measures in maintaining law and order, ensuring public safety and upholding judicial directives.

www.newagebd.net

CJ asks DCs to strengthen judicial cooperation
M Moneruzzaman 17 February, 2025, 18:44

Chief Justice Syed Refaat Ahmed. | File photo

DCs seek judicial clarity, quicker case disposal

Chief Justice Syed Refaat Ahmed on Monday instructed the deputy commissioners to take firm measures in maintaining law and order, ensuring public safety and upholding judicial directives.

Addressing a session on the second day of the three-day DC conference at the Supreme Court Auditorium, the chief justice underscored the vital role of the district administrators in implementing court orders.

‘Article 112 of the Constitution mandates all executive and judicial authorities to support the Supreme Court and comply with its orders. No government directive, circular or notification can override or delay a Supreme Court order,’ he said.

Highlighting the interdependence of the judiciary and administration at the district level, he stated that while judiciary and administration have distinct functions, they are fundamentally linked in ensuring governance and justice.

‘You serve as the bridge between the executive authority and people, carrying the delicate task of maintaining law and order, overseeing development and upholding the dignity of the state,’ he told the DCs.

The chief justice reiterated the importance of collaboration between the administration and the judiciary, particularly in ensuring the prisoners’ rights, lawful detention and adherence to human rights standards in correctional facilities. He also called for regular inspections to prevent overcrowding, facilitate timely bail releases and strengthen accountability in the prison system.

On judicial reforms, he highlighted that since August 2024, the judiciary had been working on an internal policy blueprint, contributing to an evolving legal framework aimed at ensuring institutional independence.

Cabinet Division secretary Sheikh Abdur Rashid, Supreme Court registrar general Abdul Aziz Bhuiyan, Sylhet divisional commissioner Khan Md Reza-Un Nabi, Natore deputy commissioner Asma Shahin, and Jessore deputy commissioner Azharul Islam also spoke at the session on behalf of the DCs.

Sylhet divisional commissioner Khan Md Reza-Un Nabi urged the chief justice to issue guidelines ensuring that administrative officers were not personally held liable for actions taken in good faith while performing government duties. He stressed that officials should be given the right to defend themselves before facing legal action.

He also called for faster disposal of the government-related cases, pointing out that the DCs represent the state in civil disputes over government property. To reduce case backlogs, he suggested strengthening alternative dispute resolution mechanisms, promoting arbitration and Salish, and expanding speedy trial processes and virtual court operations.

Jessore deputy commissioner highlighted the legal risks executive magistrates face when operating mobile courts, particularly that of being accused of contempt of the Supreme Court.

He noted that young officers overseeing eviction drives as part of their additional duties often lack clarity on whether Supreme Court injunctions apply to certain properties, leaving them vulnerable to legal and professional consequences.

To address this, he proposed that district courts publish hearing dates, orders and verdicts on their websites, similar to the Supreme Court system, to improve access to judicial directives.

Additionally, he called for more effective district case coordination committees to ensure timely witness appearance, preservation of investigation reports, and streamlining of case proceedings.

Natore deputy commissioner Asma Shahin urged the chief justice to ensure that the DCs receive court orders and circulars directly, as delays in communication hinder implementation. She proposed introducing a hotline for the swift dissemination of Supreme Court orders and verdicts to ensure their timely execution.​

 

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Judicial reform urgent for timely justice

The judiciary has a crucial role to play in delivering justice, preventing the violation of human rights and holding accountable violators of the rule of law. In Bangladesh, however, dispensation of justice in a timely manner has become near to impossible because of the accumulation of about 4.51 m

thefinancialexpress.com.bd

Judicial reform urgent for timely justice
Atiqul Kabir Tuhin
Published :
Feb 22, 2025 22:38
Updated :
Feb 22, 2025 22:38

The judiciary has a crucial role to play in delivering justice, preventing the violation of human rights and holding accountable violators of the rule of law. In Bangladesh, however, dispensation of justice in a timely manner has become near to impossible because of the accumulation of about 4.51 million pending cases in different courts across the country. Litigants have to wait for several years, if not more than a decade, for justice due to the staggering number of backlog of cases.

Justice delayed is justice denied. Such delay, in fact, causes injustice and unfairness to all parties involved. Furthermore, the long delay in the disposal of cases runs the high risk of shattering the people's confidence in the justice system. There is also the question of cost. The longer a case drags on, the more disadvantageous it becomes for the poorer parties.

Chief Justice Dr. Syed Refaat Ahmed, who took office on September 21 last year, identified the "insufficient number of judges relative to the caseload" as a key reason for the backlog. In a recent speech, he emphasised the need for judicial reforms, including restructuring the judiciary's organogram and appointing judges in proportion to the population and caseload.

The numbers highlight the gravity of the situation. The Appellate Division has only five judges, each handling over 6,220 cases, while the High Court Division, with 81 judges, sees an average caseload of over 7,279 cases per judge. Together, these divisions have around 620,000 pending cases.

Lower courts face an even greater burden. Of the 2,254 judges nationwide, 319 are not actively engaged in judicial work, leaving only 1,935 judges to manage an overwhelming 3.89 million cases, which is growing by the day.

To address this crisis, the government-formed Judiciary Reform Commission (JRC) has proposed decentralising the court system. One of its key recommendations is to establish permanent benches of the High Court in every divisional headquarters by amending Article 100 of the Constitution.

Additionally, the JRC has suggested setting up senior assistant judge courts and first-class judicial magistrate courts in various upazilas. The commission suggested establishing these courts based on factors such as geographical location, distance from district headquarters, transportation systems, population density, and caseload distribution.

Simultaneously, the use of Alternative Dispute Resolution (ADR) needs to be actively promoted as a means of expediting justice. ADR was introduced in both civil and criminal laws to help resolve disputes outside of court and reduce the backlog of pending lawsuits. However, its impact has been limited, with only a small percentage of cases settled through this mechanism. However, not all cases can be or should be resolved through ADR. Serious crimes like murder, robbery, and rape are offenses against society, not just individual victims, and must be dealt in accordance with established legal norms. But disputes related to land, family disagreements, and similar matters can be effectively resolved outside of court to the satisfaction of all parties involved.

Meanwhile, the sincerity of lawyers in expediting resolution of cases is also in question. The prevailing fee structure for lawyers in lower courts is also a disincentive that causes unnecessary delays. Lawyers typically earn fees based on the number of court appearances rather than on a contractual basis, which discourages the lawyers to do their bit in swift resolution of cases. Bar associations could play a role in reforming this practice by promoting or even mandating fee structures based on contracts rather than per-appearance payments.

Overall, the overwhelming backlog of cases and resulting delays have created a debilitating situation for those seeking justice. Addressing these challenges requires a multifaceted approach to ensure that justice is delivered in a timely and equitable manner.​

 

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Separate secretariat for judiciary needed to ensure its independence: Chief Justice

"Sustainability of reform initiatives depends on the independence of the judiciary"

www.thedailystar.net

Separate secretariat for judiciary needed to ensure its independence: Chief Justice
"Sustainability of reform initiatives depends on the independence of the judiciary"

Justice Syed Refaat Ahmed. Photo: Collected

Chief Justice Syed Refaat Ahmed today underscored the need for establishing a separate secretariat for the judiciary under the Supreme Court in order to ensure its effective independence and make the reform activities of the interim government sustainable and meaningful.

He said, "Long-term sustainability of the reform initiatives taken by the interim government largely depends on the independence of the judiciary. An independent judiciary can perform its duties effectively only when institutional separation of judiciary is ensured through the establishment of an independent judicial secretariat."

The coming days are very important for achieving institutional autonomy of the judiciary, the chief justice said.

He was speaking as the chief guest at an iftar programme organised by Bangladesh Ain Samity at the Supreme Court Bar Association auditorium.

Some judges of the Appellate and High Court Divisions of the SC, Attorney General Asaduzzaman, Bangladesh Ain Samity leaders Advocate Monir Hossain, Md Shahjahan Sazu, Syed Azad Subhani, Md Kamal Hossain and Maksud Ullah, among others, were also present at the occasion.

The chief justice also said Bangladesh Ain Samity has an important role as a prestigious organisation formed with former students of the Department of Law of Dhaka University, at this critical time of nation reconstruction.

The talent, legal expertise and deep institutional connections of the members of this association can play an important role in favouring justice, efficiency and accountable judicial reforms in the country, he added.​

 

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Enact practical law to curb false, frivolous cases

The Judiciary Reform Commission has recommended enacting a practical law to prevent false and vexatious cases, citing that such cases and the resulting sufferings of the accused are common in Bangladesh’s legal system.

www.thedailystar.net

Enact practical law to curb false, frivolous cases
Recommends Judiciary Reform Commission

The Judiciary Reform Commission has recommended enacting a practical law to prevent false and vexatious cases, citing that such cases and the resulting sufferings of the accused are common in Bangladesh's legal system.

"The number of false cases increases with political changes. Additionally, various laws are often misused and misapplied. In reality, false information, exaggerated claims, and unexplained truths are present in almost all types of cases, both civil and criminal," the commission stated.

"While the Penal Code and the Code of Criminal Procedure (CrPC) include provisions for punishing those who file false cases, these laws are rarely enforced. As a result, the judiciary bears the burden. To ensure an effective judicial system, immediate and practical steps are necessary, considering both past experiences and current realities," said the commission in its 351-page final report, submitted to Chief Adviser Prof Muhammad Yunus on February 5.

The commission noted that creating a new general law or amending 15-16 existing laws separately would be complex and time-consuming. Therefore, a comprehensive and practical law should be formulated to prevent false and harassing cases after thorough examination and consultation with stakeholders.

The report recommended that the home ministry direct the police not to arrest accused individuals if there is sufficient reason to suspect that the case is false or intended for harassment. Arrests should also be avoided if an unusually high number of accused are listed in the First Information Report (FIR) and no specific role of an accused is mentioned.

Additionally, the law ministry could instruct public prosecutors, court inspectors, and sub-inspectors not to oppose bail for accused individuals in cases suspected to be false or harassing, the commission also said.

The commission suggested inserting a provision similar to Section 250 of the CrPC, which deals with false and frivolous accusations, into Chapter 23 of the code. It also recommended increasing fines and compensation mentioned in Section 250.

Furthermore, the Supreme Court could issue a practice direction under Chapter IIIB of the High Court Division Rules. If a complaint is brought before a Magistrate's Court under Section 200 of the CrPC, in which the majority of the accused indivisuals are not explicitly linked to the alleged incident, the magistrate should ensure a proper investigation before taking cognisance of the case.

To prevent real culprits from being spared due to collusion with the police, the commission proposed forming a high-powered task force in every division to oversee such matters.​

 

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Absurdity of justice

Since Margaret Thatcher, we have had that problem in spades in the UK; blame for failure is bounced around between ministries and private contractors, between policy ideas and those responsible for implementation.

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Absurdity of justice

On a cold, frosty winter's night in early January, I was standing outside a women's prison about 20 miles from where I live in Bath. I was not alone; we were about 300, mainly middle-aged or older.

We convened first in a pub close by to receive our instructions and walked in the dark, holding lanterns, for about half a mile, in an orderly procession. We were there to celebrate and protest. Gaie Delap was aware of our presence outside as she observed her 78th birthday inside the prison, as we were doing. The prison authorities had acceded to the request for us to be there, outside the entrance to the floodlit campus, fenced off with razor wire. Inside were approximately 380 women, many of whom, in Gaie's judgement, should not be there but rather supported in the community whether for drug addiction or mental health issues or defending themselves against domestic abuse. And then there was Gaie, a retired teacher, grandmother, and indeed a sister-in-law of a former director of Oxfam in Bangladesh, which is how I came to know Gaie, having also taught her niece as a student. Her niece also spent some time in Bangladesh, working in Dhaka slums with Proshika. Gaie's brother, Mick, my student's father, had worked with the Africa desk of the BBC World Service. He campaigned tirelessly for Gaie's release. I record all this to demonstrate that this is a family with a strong social conscience, and thus not your typical prison inmate!

Last year, Gaie was sentenced to 20 months in prison for being part of the Just Stop Oil protest, which blocked traffic for a while on the M25 motorway that encircles London. Some of her fellow protesters were given longer sentences, up to five years. Under sentencing practices in the UK, one can be released earlier and electronically tagged with a leg or wrist bracelet. This ensures that the conditions of release are honoured, usually subject to an HDC (a home detention curfew,) from 7pm to 7am. The reader should also be aware that in the UK, following years of Tory government neglect, the prison capacity is seriously overstretched. The new Labour government were approving early releases for quite serious offences during this winter, much to the disgust of the hypocritical Tory press. Gaie was released under this scheme on November 18, 2024 and re-arrested 20 days later just before Christmas and recalled to prison.

What went wrong? The UK government sub-contracts the tagging service to a large private company, Serco, which provides a multitude of services to the government across justice, immigration, defence, transport, health, and citizen services. It describes itself as bringing "the right people, the right technology and the right partners to create innovative solutions that make positive impact and address some of the most urgent and complex challenges in the modern world." Well, not in this case! Tags are usually placed around the ankle, but Gaie had a medical condition in her legs which inhibited that option. But she had wrists! However, Serco could not access an appropriately sized bracelet tag for her wrists. So, just before Christmas, she was re-arrested and sent to a different prison, nearer to her home in Bristol. This was despite Gaie indicating her agreement that she had offended under the law and had accepted her sentence while also indicating that she had no intention of offending again. By any amount of common sense, this nearly 78-year-old grandmother was not a threat to the public.

This is why more than 300 of us were outside the entrance to her prison on a cold, frosty night in early January, engaged in a silent, dignified protest, though also singing "Happy Birthday" to her.

Three weeks later, the news appeared that her 20 days of "freedom" (from late November until mid-December, just before Christmas), through no fault of her own, were deemed "illegal," and that these days would be added to her sentence before her next "early release" date in March this year. In the UK, we are familiar with Charles Dickens's expression "the law is an ass!" Well, it certainly has been in this case. And then in the first week of February came the news that a wrist tag had been sourced, and Gaie could be released on licence!

In 1994, in Bangladesh: Whose Ideas, Whose Interests, I included a chapter on the problem of the franchise state. I then argued that the solution to good governance was not to franchise out essential, rights-based, government functions to private profit or not-for-profit organisations. At that time, I was concerned about the paradox of donors supporting good governance on the one hand, while funding NGOs to undertake essential state functions as voluntary rather than statutory organisations. That separation prevents governments from being held accountable, as governments defend themselves by blaming the contractor, while the contractor asserts their compliance with the contract and denies responsibility for failure. Since Margaret Thatcher, we have had that problem in spades in the UK; blame for failure is bounced around between ministries and private contractors, between policy ideas and those responsible for implementation.

In Gaie Delap's case, Serco failed to uphold their contract. Will it be prosecuted or fined for this failure? Unlikely. It employs many lawyers. Instead, the absurdity of the law even adds 20 days to Gaie's sentence, when just a shred of common sense would dictate otherwise. The UK is experiencing several current such examples of Alice in Wonderland: the post office scandal with thousands of sub-postmasters prosecuted for accounting discrepancies because the software provider provided a faulty service with compensation still owed after years of enquiry and judicial findings against both the post office and its contractor; poor regulation of blood quality in transfusions, unresolved after decades, claimants with blood infected by HIV or hepatitis C dying through old age before claims are met; Andrew Malkinson imprisoned for 17 years for a murder he did not commit, because the contracted review service (Criminal Cases Review Commission) ignored new evidence a decade ago, and now that he has received some upfront modest compensation, he is in danger of his entitlement to social housing being denied. How does Malkinson stand up to this unholy alliance between the bureaucratic state and corporate interests? No chance to do so given monopoly lawyers' fees and the withdrawal of publicly funded Legal Aid. Absurdity is reinforced by exclusion. Rights denied.

Dr Geof Wood is a development anthropologist and author of several books and numerous journal articles, with a regional focus on South Asia. He is also emeritus professor of international development at the University of Bath, UK.​

 

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BNP calls for CJ appointment from among senior-most Appellate Division judges

BNP on Tuesday proposed that the Chief Justice be appointed from among the top two to three most senior judges of the Appellate Division to avoid the possibility of controversial appointments in the future. The proposal came during a dialogue on Tuesday with the National Consensus Commission at th

thefinancialexpress.com.bd

BNP calls for CJ appointment from among senior-most Appellate Division judges
UNB
Published :
Apr 22, 2025 17:52
Updated :
Apr 22, 2025 17:52

BNP on Tuesday proposed that the Chief Justice be appointed from among the top two to three most senior judges of the Appellate Division to avoid the possibility of controversial appointments in the future.

The proposal came during a dialogue on Tuesday with the National Consensus Commission at the LD Hall of the Jatiya Sangsad.

Speaking to the media during the session's lunch break, BNP Standing Committee Member Salahuddin Ahmed explained the party's position.

"The Reform Commission has recommended that the most senior judge of the Supreme Court be appointed Chief Justice. We disagree. Based on past inconsistencies in state affairs, we believe that if only one option is fixed and no alternatives exist, it may pave the way for controversial individuals to assume the role. As we aim to ensure complete judicial independence, such risks should be eliminated," he said.

Salahuddin said that there should be at least two or three alternatives among the senior-most judges of the Appellate Division. "That space is yet to be accepted. Discussions are still going on," he added.

Citing the principle of necessity, he said, "Necessity makes law. National security is the supreme law to us. It is practical to keep some options available, as otherwise the state might fall into undesirable hands."

On the issue of the Cabinet's structure, Salahuddin mentioned differences in interpretation. "They said the Cabinet would be collectively led by the Prime Minister, but this undermines the Prime Minister's authority. We argued that the Prime Minister's authority must be clearly upheld."

Regarding the Reform Commission's proposal to limit a person to serving as prime minister for a maximum of two terms, BNP disagreed.

The party suggests that a person may return to the post after a break following two terms. But in a previous meeting, the discussion leaned towards allowing a person to serve three terms in total, which BNP has reportedly taken positively. "Wait for the alternative proposal. They haven't formally presented it to us yet," said Salahuddin.

About the separation of leadership roles, he said, "There was discussion around ensuring that one individual does not simultaneously hold the positions of prime minister, party chief, and parliamentary leader. The parliamentary party of the majority party in the House should decide who becomes Prime Minister. It is not mandatory for the party head to hold that post. There are global examples of this."

"Whoever becomes Prime Minister should also serve as leader of the house. This is a tradition. Although some countries have separated these roles, the Leader of the House here holds no executive power, and the two roles are essentially inseparable," he added.

On the topic of a non-partisan caretaker government, Salahuddin said BNP agreed with proposals for a 14-member advisory council, routine duties of the council, and that in the event of the Chief Advisor's resignation, one of the advisors would be nominated to the post.

The party also agreed that no political symbols would be allotted in local government elections.

Regarding law enforcement and human rights, he said, "We are broadly in agreement, but more discussion is needed. The armed forces, police, and other units are constitutionally defined as disciplined forces. So any abrupt provision could cause imbalance. This needs careful consideration."

Salahuddin also spoke in favour of a bicameral legislature. "We support a two-chamber Parliament. They have proposed the name 'Senate' for the upper house and 'Jatiya Sangsad' for the lower. We agree."

On women's representation, BNP supports reserving 100 of the 400 lower house seats for women but expressed differing views on the election method for those seats.

Salahuddin Ahmed also said BNP proposed increasing the president's powers. "We're considering what specific powers can be entrusted to the president that may be exercised independently of the prime minister. Details will be disclosed later."​

 

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UNDP, EU sign deal to digitise legal aid services in Bangladesh

The United Nations Development Programme (UNDP) and the European Union (EU) on Thursday signed an agreement to modernise and digitise legal aid services across Bangladesh, aiming to ensure faster and more inclusive access to justice for vulnerable communities. The agreement was signed at the EU De

thefinancialexpress.com.bd

UNDP, EU sign deal to digitise legal aid services in Bangladesh
UNB
Published :
May 16, 2025 22:44
Updated :
May 16, 2025 22:44

The United Nations Development Programme (UNDP) and the European Union (EU) on Thursday signed an agreement to modernise and digitise legal aid services across Bangladesh, aiming to ensure faster and more inclusive access to justice for vulnerable communities.

The agreement was signed at the EU Delegation office in Dhaka by UNDP Bangladesh Resident Representative Stefan Liller and EU Ambassador to Bangladesh Michael Miller, said a press release.

Under the new initiative, an integrated legal aid system will be introduced featuring mobile applications, online case tracking and virtual mediation. The system is expected to enable citizens in remote and marginalised areas to access legal services without physically visiting courts.

"This initiative marks a significant step forward in making justice more accessible for all," said Stefan Liller. "It aligns closely with ongoing justice sector reforms supported by UNDP and the EU and builds on our long-standing collaboration in strengthening Village Courts, which play a key role in resolving local disputes."

Initially, the project will be piloted in eight districts, targeting over 680,000 disadvantaged individuals. It will also prioritise inclusivity, gender-responsiveness, and accessibility for people with limited digital literacy.

EU Ambassador Michael Miller said, "This agreement reflects the strong partnership between the Government of Bangladesh, the EU, and UNDP in improving access to justice for all. Whether through Village Courts or digital innovations, our joint efforts are creating a more efficient, inclusive, and responsive justice system."

The initiative will be implemented by the National Legal Aid Services Organisation (NLASO) in collaboration with the UNDP and the EU.

It aligns with Bangladesh's 8th Five-Year Plan and contributes to achieving Sustainable Development Goal 16 on peace, justice, and strong institutions.

By introducing a unified digital platform accessible via phone, SMS, and online portals, the project also aims to reduce the burden on courts, enhance transparency, and build public trust in the justice system.​

 

[Saif]

Government transfers 252 judicial officials, promotes 13 judges

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 prom

thefinancialexpress.com.bd

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.​

 

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

The observation was made in the full text of the Appellate Division judgment that was pronounced on 20 October 2024. The full-text was release Thursday.

en.prothomalo.com

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

BSS Dhaka
Published: 05 Jun 2025, 22: 18

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.​

 

[Saif]

Irregularities, bribery rampant in SC procedures

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.

www.newagebd.net

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

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.​

 

[Saif]

More needs to be done to end corruption in judicial system

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...

www.newagebd.net

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.​

 

[Saif]

Judicial reforms to mark ‘new dawn’ for Bangladesh: Yunus

Highlighting the importance of reforms in the judiciary, Chief Adviser Prof Muhammad Yunus on Sunday said these reforms, if fully implemented, will mark a 'new dawn' for Bangladesh, fulfilling the aspirations for which so many have sacrificed. "Let us not dwell on the past obstacles. Instead,

thefinancialexpress.com.bd

Judicial reforms to mark ‘new dawn’ for Bangladesh: Yunus

UNB
Published :
Jun 22, 2025 21:35
Updated :
Jun 22, 2025 21:35

Highlighting the importance of reforms in the judiciary, Chief Adviser Prof Muhammad Yunus on Sunday said these reforms, if fully implemented, will mark a 'new dawn' for Bangladesh, fulfilling the aspirations for which so many have sacrificed.

"Let us not dwell on the past obstacles. Instead, let us move forward, act decisively and realise the dreams of our martyrs by building a society of equality, dignity and liberty," he said, adding that ensuring an independent and efficient Judiciary will significantly advance these pursuits.

The Chief Adviser was speaking as the chief guest at a national seminar on 'Judicial, Independence and Efficiency' with Chief Justice Dr Syed Refaat Ahmed in the chair.

In order to safeguard the district judiciary from executive and political influence, Prof Yunus said steps have been taken to formulate rules for judicial transfers.

"The creation of a separate secretariat is a proposal that we cannot walk away from. A separate Secretariat would grant the judiciary the structural autonomy to adjudicate without external pressure," he said.

Prof Yunus said it is also commendable that as part of the reforms, the Supreme Judicial Council has been made fully operational, ensuring judicial accountability and independence.

He extended his heart full gratitude to the Chief Justice for leading these reforms. "His initiative in visioning and visiting every division of Bangladesh to garner support in inculcating a consensus has fostered a strong sense of ownership in the process, in all judicial officers and other stakeholders."

In this demanding work of reforming the judiciary, Prof Yunus said they have not been alone. "I'm very deeply grateful for the generous support provided by the European Union, the UK, UNDP, Sweden and our partners across the international community."

The Chief Adviser said the judiciary's leadership in driving this reform is truly inspiring. They are deeply committed to achieving an efficient and independent judiciary, and they look forward to its effective realization, he added.

"The fate of these crucial aspirations and initiatives depends entirely on our collective efforts. We must keep in mind that our actions during this significant period will echo through time, and we'll make it happen," said the Chief Adviser.

Prof Yunus said three magic words -- judiciary, independence and efficiency -- define the foundation of society, and the July uprising gave them the opportunity to build that civilization.

"And this is where we are, defining each step of that foundation.....nothing can work until we go back to these three words and establish them," he said.

Prof Yunus said this seminar is particularly timely and significant as it has been convened during a pivotal period of reform of Bangladesh.

"Every nation awaits a moment of transformation, an opportunity to mark a new beginning. This is our moment," he said, adding that this juncture does hold the key to a nation's future in human history and such opportunities are rare.

He said they have a long road ahead to fulfill the promises of the July uprising, and they bear an ingrained responsibility to honor this sacred memory of those who laid down their lives in the July uprising.

The Chief Adviser laid emphasis on ensuring justice for the heinous crimes against humanity committed during the months of July and August of 2024. "Today, the nation stands united in its determination to hold the perpetrators accountable."

He said they aim to create a just society where liberty, equality and dignity would guide all their actions.

The Chief Adviser said in considering reform initiatives, they must assess the effectiveness and credibility of various institutions and structures in shaping Bangladesh's future.

Law Minister Dr Asif Nazrul and Attorney General Md Asaduzzaman were, among others, present.​

 

[Saif]

Judiciary must be freed from fascists: Salahuddin

BNP Standing Committee member Salahuddin Ahmed on Thursday said the fascists and their allies must be ousted from the judiciary first in a bid to ensure the actual independence of the judiciary in the country. “To make judicial independence truly effective, fascists must be ousted from the l

thefinancialexpress.com.bd

Judiciary must be freed from fascists: Salahuddin

UNB
Published :
Jul 03, 2025 21:09
Updated :
Jul 03, 2025 21:09


BNP Standing Committee member Salahuddin Ahmed on Thursday said the fascists and their allies must be ousted from the judiciary first in a bid to ensure the actual independence of the judiciary in the country.

“To make judicial independence truly effective, fascists must be ousted from the lower and upper judiciary,” he told reporters in the afternoon after the ninth day of the second round of reform dialogue at the Foreign Service Academy in the capital.

Salahuddin alleged that certain collaborators of fascist forces are still in the lower judiciary, who unlawfully punished political activists, journalists and people from all classes and professions through night court sessions. “We should not protect these fascists (judges) anymore. We want a judiciary -- both of the upper and lower tiers-- free from allies of the fascists,” he said.

He said job termination, transfer or departmental actions are sufficient against the allies of the fascists rather they will have to be tried for their individual criminal liability. “Their individual criminal liability must be fixed. It’s not enough to just terminate their jobs — they must also be held accountable and tried for their criminal offenses,” he added.

Only then, Salahuddin argued, can genuine judicial independence be implemented. “Otherwise, if these fascists remain in both tiers of the judiciary, they will continue to be the sole beneficiaries of whatever reforms we undertake to ensure the independence of the judiciary. That is our clear position.”

He warned that if the judiciary is run by them, even the strictest of laws will be misused. Many of these fascist collaborators — some involved in serious crimes, even crimes against humanity — are easily securing bail from the district level court to the High Court. These things (granting bails) are done by the allies of the fascists.

The BNP leader said they want a judiciary to be completely independent --constitutionally and legally-- and one whose benefits are enjoyed by the people. “But first, these fascists must be removed from the judiciary,” he said.​

 

[Saif]

Consensus over setting up permanent HC bench in every division: Ali Riaz

Political parties have reached a consensus on two key issues - setting up permanent High Court benches in every division and amending presidential clemency provision

en.prothomalo.com

Consensus over setting up permanent HC bench in every division: Ali Riaz

UNB
Published: 03 Jul 2025, 20: 38

Political parties have reached a consensus on two key issues - setting up permanent High Court benches in every division and amending the presidential clemency provision, said Vice Chairman of the National Consensus Commission Prof Ali Riaz on Thursday.

"Today's dialogue saw significant progress. We achieved consensus on two issues," he said while briefing reporters in the afternoon after the ninth day of the second round reform dialogue at the Foreign Service Academy in the capital.

Profi Riaz said all political parties agreed that the judiciary should be decentralised and permanent benches of the High Court should be established in each of the eight divisions.

"It was agreed that one or more than one permanent benches of the High Court Division will be set up in the divisional level outside Dhaka," he said.


To this end, Ali Riaz said, the consensus came on amending Article 100 of the Constitution to facilitate this proposed judicial decentralisation.

About the presidential clemency provision under the Article 49 of the Constitution, Prof Riaz said the parties acknowledged the provision has long been misused for political purposes.

"All political parties recognised the need to revise the constitutional article and include a provision in the article that the presidential clemency power shall be applied in line with a new law."

The President shall apply the clemency power in the line with a law that will be enacted in the Parliament, Ali Riza said.

Under the proposed new framework, he said, the President's power to pardon would require consultation with the victims' families to ensure justice is not undermined.

Noting that the presidential clemency power was massively misused in the past, he said if this (proposal) is implemented, it will stop the misuse of the presidential authority.

Prof Riaz said another issue - the imposition of emergency - was on the agenda but was deferred as the National Coordination Council (NCC) is no longer at the discussion table.

"We will place the issue afresh before the political parties in the coming days," he said.

Citing that a significant progress was attained in Thursday's discussion, he said, "We're optimistic that we'll reach consensus on several more issues by next week."​

 

[Saif]

Reached a consensus on decentralisation of subordinate courts: Salahuddin

BNP Standing Committee member Salahuddin Ahmed on Monday said there has been a consensus on decentralisation of subordinate courts, with all parties agreeing on specific directives for establishing courts at the upazila level. Talking to journalists at the Foreign Service Academy in the capit

thefinancialexpress.com.bd

Reached a consensus on decentralisation of subordinate courts: Salahuddin

UNB
Published :
Jul 07, 2025 21:29
Updated :
Jul 07, 2025 21:29
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BNP Standing Committee member Salahuddin Ahmed on Monday said there has been a consensus on decentralisation of subordinate courts, with all parties agreeing on specific directives for establishing courts at the upazila level.

Talking to journalists at the Foreign Service Academy in the capital following the National Consensus Commission's dialogue with political parties, Salahuddin highlighted the unified stance on this judicial reform.

"Certain issues regarding subordinate courts have been clearly defined," said Salahuddin Ahmed, adding, "For instance, there is no need to establish courts in upazilas that are part of district headquarters. Since those specific sadar upazilas can be integrated with the district judge courts located in the district headquarters that effectively establishes the upazila courts there."

He said that some upazilas in Bangladesh, which were once called 'chowkis' during the British period, as well as island and other selected areas, already had courts established.

"For upazilas located very close to district headquarters-say within 15 to 20 kilometres-given the improved state of communication, it becomes administratively burdensome to build new structures, provide housing for officers and staff, and maintain them. Therefore, based on a detailed survey, it has been recommended that no new courts be established in such upazilas," Salahuddin pointed out.

The BNP leader stated, "Factors such as the distance between upazilas, population density, economic conditions, communication facilities, and the number of pending cases in specific upazilas should be considered. Following a survey, a phased approach to establishing courts in all upazilas has been agreed upon."

On the issue of establishing permanent High Court benches in divisional cities, Salahuddin advised involving the judiciary.

The previous discussions on setting up permanent High Court benches in divisional cities were included in the Judicial Reform Commission's report, he said, suggesting that this matter should be discussed with and involve the judiciary.

"In 1988, a Supreme Court judgement declared the relevant constitutional amendment for such benches unconstitutional, and as a result, those benches were never established. To avoid repeating such complications in the future, we have recommended a solution be found in consultation with the judiciary, with both the National Consensus Commission and the government bearing responsibility," Salahuddin reminded.

Emergency Provisions

Salahuddin also addressed the issue of emergency powers in the Constitution, stating that Articles 141A, 141B, and 141C clearly define the President's authority to declare a state of emergency, the process for doing so, which fundamental rights may be suspended, how long it can last, and what must happen if Parliament is not in session.

He said, "The Consensus Commission has proposed adding two or three more clauses related to this. There have been detailed discussions on maintaining fundamental human rights during emergencies, especially in relation to international treaties and agreements with the United Nations."

"Our proposal is that the matter should be determined through a detailed debate in the National Parliament. This is a complex issue. Laws may be enacted under these constitutional provisions, and Parliament would be the appropriate forum for such considerations," Salahuddin explained.​

 

[Saif]

18 judges forced into retirement

The government yesterday sent 18 lower court judges into forced retirement.

www.thedailystar.net

18 judges forced into retirement

The government yesterday sent 18 lower court judges into forced retirement.

A circular was issued in this regard by Branch-3 of the Judicial Division under the Law and Justice Division.

Of the judges, 15 are district and sessions court judges, two are additional district and sessions judges, and one is a joint district and sessions judge.

"As per the terms of service in the Bangladesh Judicial Service, as the members have completed 25 years, it has been decided, in consultation with the Bangladesh Supreme Court, to retire them from service in the public interest under the provisions of Section 45 of the Public Service Act, 2018," read the circular.

According to law ministry sources, it is the first time since August 5 last year that any lower court judge has been sent into forced retirement.

Most of the forced retired judges were serving as special judges in various districts and different tribunals.

Of them, Bikash Kumar Saha, district and sessions judge, Abu Zafar Md Kamruzzaman, district and sessions judge, Md Nurul Islam, additional district and sessions judge, and Mohammad Hossain, joint district and sessions judge, are currently attached to the Law and Justice Division in Dhaka.

The other judges are Sheikh Mofizur Rahman (district and sessions judge), Women and Children Repression Prevention Tribunal, Rajbari; Md Mahbubar Rahman Sarkar (district and sessions judge), Women and Children Repression Prevention Tribunal-1, Kishoreganj; Sheikh Golam Mahbub (district and sessions judge), Women and Children Repression Prevention Tribunal, Kushtia; Md Mojibur Rahman (district and sessions judge), Women and Children Repression Prevention Tribunal-1, Gaibandha; Md Ehsanul Haque (district and sessions judge), Women and Children Repression Prevention Tribunal, Bhola; Md Jewel Rana, (district and sessions judge), Jononirapotta Bighnokari Oporadh Domon Tribunal (Public Safety Disrupting Crimes Prevention Tribunal), Khulna; Md Monir Kamal (district and sessions judge), Cyber Tribunal, Sylhet; Shahidul Islam, special judge (district and sessions judge), Patuakhali; Al Mahmud Faizul Kabir, special judge (district and sessions judge), Dinajpur; Md Nazimuddoula, district and sessions judge, Tangail; AKM Mozammel Haque Chowdhury (district and sessions judge), Women and Children Repression Prevention Tribunal, Thakurgaon; Fazle Elahi Bhuiyan (district and sessions judge), Women and Children Repression Prevention Tribunal-3, Habiganj; Md Rustum Ali, member (district and sessions judge), Administrative Tribunal, Barishal; and AKM Enamul Karim, additional district and sessions judge, Patuakhali.​

 

[Saif]

Money and power should never undermine justice

A gang rape accused has no fear of consequences because of his political affiliation.

www.thedailystar.net

Money and power should never undermine justice

FILE VISUAL: SALMAN SAKIB SHAHRYAR

There are stories that make you sick to your stomach, and then there are stories that remind you how little has actually changed in the country regarding women's safety, no matter who holds the reins of power.

The 2024 Subarnachar case is both.

Back in February last year, a woman and her 12-year-old daughter were gang-raped in their own home in Noakhali's Subarnachar upazila. Yes, a child—but I suppose by now, it comes as no surprise.

But instead of seeing the accused behind bars, we are now seeing the survivors being forced to leave their home amid death threats. They have been forced to sell everything and run—not because they are guilty, but because they dared to demand justice.

The prime accused is Abul Khair Munshi, a known local Awami League leader, who was arrested after the incident. However, he was released on bail in November and is now roaming free. Even though his party has been ousted, he roams confident enough to threaten his victims, confident enough to walk up to a survivor's face on court premises and threaten to kill them if they don't withdraw the case. And even after the survivor filed a general diary (GD) with Char Jabbar Police Station on January 19, the threats have not stopped.

The officer-in-charge of the station confirmed the filing of the GD. He also said that "primary investigation found the allegation to be true." Yet, after the last hearing on June 24, Munshi told the victim he has money, so the court verdict will go in his favour.

Think about what that means.

A man accused of gang-raping a woman and her minor child has so little fear of consequences that he can openly brag about buying justice. And why shouldn't he? The way our legal system works, money has often spoken louder than the law, and political connections have shielded even the most disgraceful crimes.

But here is the brutal truth no one seems ready to face: no party should ever matter when it comes to justice.

The Awami League's fall was supposed to symbolise a new era—one where ordinary people could hope for justice, where survivors would be heard. And yet here we are.

It seems that one member of the party still clings to enough influence to intimidate survivors, enough arrogance to believe his money will rewrite court verdicts, and to casually threaten families into exile.

What does that say about our so-called "new Bangladesh?"

The names change, the faces rotate, but the old system grinds on—fuelled by fear, influence, and political impunity. It just goes to show that no matter which flag someone waves, justice remains optional when money and muscle enter the room.

What makes this case even more dangerous is the silence around it. Where are the fiery speeches from the new champions of justice? Where is the accountability they promised? If the new leadership truly meant to clean house, Munshi would not dare to make a mockery of the legal system.

This is not about one family or one case. It is about every survivor who dares to stand up, only to be met with more violence, more threats, more reasons to regret speaking out. It is about the culture we breed, where victims flee their homes—just as the Muradnagar rape survivor had to leave due to pressure from so-called journalists—while the abusers flaunt their wealth and political ties, new or old.

The Subarnachar survivor did everything right. She reported the crime, pursued legal action, refused to stay silent. In return, she lost her home, her safety, her peace. Her child, already robbed of innocence, now lives with fear as a constant companion. Meanwhile, Munshi boasts about his influence, his money, and his expectation that verdicts can be bought like cheap commodities.

That justice for rape survivors is a mirage in this country is no news, with a miserable conviction rate of three percent in rape cases.

If the interim government is serious about reform, this is where they prove it. No political party, disgraced or not, should be able to shield criminals. No amount of money should tip the scales of justice. And no survivor should have to run for their life because the courts, the police, and the system itself refuse to protect them.

Until men like Munshi, and the myriad "politically powerful" rapists, are stripped of their influence, their protection, and their arrogance, all our promises of justice, change, and progress will remain exactly what they have always been—lip service full of empty words.

Naziba Basher is a journalist at The Daily Star.​

 

[Saif]

Justice goes digital

The Supreme Court's recent move to make company court proceedings fully digital is a much-needed step toward a more efficient and honest justice system. With paperless processes already introduced in one court and soon expanding to the other two courts that deal with company matters, it is clear th

thefinancialexpress.com.bd

Justice goes digital

FE
Published :
Jul 20, 2025 00:04
Updated :
Jul 20, 2025 00:04

The Supreme Court's recent move to make company court proceedings fully digital is a much-needed step toward a more efficient and honest justice system. With paperless processes already introduced in one court and soon expanding to the other two courts that deal with company matters, it is clear there is a genuine commitment to using technology to make things better. Even today, handling disputes in court often involves endless paperwork, chasing after missing files, bureaucratic delays and, unfortunately, opportunities for unfair practices. Consequently, many people in the country take advantage of these loopholes and come to view and treat the law as a mechanism for prolonging disputes instead of resolving them. Digitising company courts as a solution to some of these long-standing problems may therefore prove to be not only effective but also a timely step toward bringing the delivery of justice into the modern age.

At the moment, just three High Court benches handle the legal affairs of more than three lakh registered companies in the country. These benches are overloaded with over 20,000 pending cases, along with other types of legal disputes they have to contend with. This creates a long wait for justice. Making matters worse, the traditional system is plagued by corruption at nearly every stage of the process. Whether it's getting a case onto the cause list, having an order typed or simply collecting a signed copy from the judge's chamber, bribes are often demanded at every turn. Shockingly, even the morning submission of hearing slips, approved by judges, often turns meaningless as bench officers allegedly drop cases from the day's list. Digitisation, in this context, could be a game-changer. When all case records and procedural steps are logged online, there is little room for tampering. Judges can then oversee case progress directly and keep tabs on the process in real time. On top of that, storing documents digitally eliminates the need for physical storage, thus saving valuable space. It would also reduce printing costs for both lawyers and clients.

This move toward digitisation should be just the beginning. If it works well in company courts which it should, it must be expanded to other parts of the judiciary including the lower courts where millions of cases remain stuck for years. As the saying goes, justice delayed is justice denied, and for far too long, delays and corruption have made people lose faith in the court system. That said, going digital alone would not solve the backlog problem. It can certainly make things run more smoothly and help reduce the delays, but with too few judges, the pile-up of cases won't simply go away. Only through the appointment of extra judges can the judiciary realistically expect to reduce the backlog and ensure timely dispensation of justice.

The drive for digitisation must go hand in hand with efforts to make justice more accessible by decentralising the courts. Many residents in remote areas struggle to attend proceedings in district-level courts, leading to delays and higher expenses. Gradually shifting lower courts to the upazila level and establishing High Court benches to every divisional headquarter could solve this issue by bringing justice closer to communities. This would save time, cut travel costs and make the legal system less intimidating for ordinary citizens. If people can bank on their phones and access healthcare in their villages, why should seeking justice require such long journeys? A court system that is both digital and decentralised can ensure a justice delivery process that is easier, faster and fairer for them.​

 

[Saif]

Rules issued for vesting power upon SC to create judicial posts

Rules have been issued for creation of posts in the Judicial Service to a committee headed by a senior most judge of the Appellate Division of the Supreme Court (SC) but this power is not absolute and is subject to certain conditions and limitations. “The secretaries from the public administ

thefinancialexpress.com.bd

Rules issued for vesting power upon SC to create judicial posts

BSS
Published :
Jul 30, 2025 23:26
Updated :
Jul 30, 2025 23:26

Rules have been issued for creation of posts in the Judicial Service to a committee headed by a senior most judge of the Appellate Division of the Supreme Court (SC) but this power is not absolute and is subject to certain conditions and limitations.

“The secretaries from the public administration, finance, and law ministries will have to be represented in the committee to make recommendations regarding the creation of judicial posts,” Sheikh Abu Taher, the Secretary of the Law and Justice Division of the Ministry of Law, Justice and Parliamentary Affairs informed this in a gazette notification on Monday last.

The notification, titled Judicial Service Formation Rules-2025, mentions the judicial and administrative posts of the Judicial Service as 'cadre' posts.

The judiciary will no longer need to seek approval from the public administration or finance ministries for creating new positions, it said.

The rules stated that members of the judicial service would be appointed in different posts of law and justice divisions.

The new formation rules clearly list the judicial and administrative posts under the Judicial Service, categorizing them separately to streamline the organizational structure.

New recruits will serve a two-year probationary period before confirmation of their service , subject to satisfactory performance, said the rules.

In cases of suspension, dismissal, or removal, the Bangladesh Judicial Service (Discipline) Rules, 2007, will be applicable, and consultation with the Supreme Court is mandatory.

Earlier, any judicial post was initially created for three years. Later, it was gradually made permanent based on the approval of others, including the public administration.

But now any post of judges will be created permanently. As a result, from now on, the judiciary will no longer have to approach the administration for the creation of posts of judges.

In addition, Article 115 of the Constitution gives the President the power to make separate rules regarding the officers performing duties in the judiciary.

In line with ‘the Masdar Hossain case verdict’ and the Constitution, the Bangladesh Judicial Service Formation Rules-2025 has been issued.

Meanwhile, Secretary General of the Bangladesh Judicial Service Association Muhammad Mazharul Islam said the formation of a committee in the creation of judicial posts is one of the most notable aspects of the rules.

“I believe that the institutional complexity in the creation of judicial posts in subordinate courts will be removed through these rules . . . The Judicial Service Formation Rules 2025 will be considered as a milestone in the institutional excellence of the Judiciary,” he added.​