Wednesday, 2 December 2020

Bangladesh Supreme Court

 





Bangladesh Supreme Court is the highest court of Bangladesh . Chapter VI of the Constitution of Bangladesh contains legal provisions regarding the establishment of the Supreme Court. According to Article 100 of the Constitution, the Supreme Court is located in Ramna, Dhaka, the capital of Bangladesh. It is commonly known as the High Court; Because before 1971, the activities of the High Court of East Pakistan were conducted in this building .





Location









The structure 





Article 94 of the sixth chapter of the Constitution of Bangladesh contains legal provisions regarding the establishment of the Supreme Court. Article (1) of this section states that there shall be a Supreme Court of Bangladesh called the "Bangladesh Supreme Court" and shall consist of the Appellate Division and the High Court Division. This section (1) of that Article, " the Chief Justice and each section to take the seat of the President as the number of judges to appoint shall be required, with the other judges of the Supreme Court shall consist of a number of such"; It is further stated that the Chief Justice of the Supreme Court is " the Chief Justice of BangladeshThe next paragraph states, "Judges appointed by the Chief Justice and the Appellate Division shall occupy seats only in that division and other judges shall occupy seats only in the High Court Division." You will be free to observe. ”  





Pursuant to Article 100 of the Constitution , the permanent seat of the Supreme Court shall be located in Dhaka , the capital of Bangladesh .





Jurisdiction 





According to the provisions of the Constitution, the Supreme Court of Bangladesh has two divisions: the Appellate Division and the High Court Division .





Article 101 of the Constitution defines the jurisdiction of the High Court. Section 103 describes the jurisdiction of the Appellate Division.





The High Court Division hears appeals from lower courts and tribunals. In addition, writ petitions under Article 102 of the Constitution of Bangladesh, and the Company and the Army have core jurisdiction in certain limited cases as matters. The Appellate Division has jurisdiction to hear appeals from the High Court Division.  The Supreme Court can rule against the government in cases that are independent of the executive branch and politically controversial.





Bench 





The Chief Justice may constitute a bench of the High Court consisting of one or more judges.





Judges 





The appointment of a judge of the Bangladesh Supreme Court has been discussed in Article 95 of the Constitution of Bangladesh. 95. (1) The Chief Justice shall be appointed by the President and the President shall appoint other judges in consultation with the Chief Justice. Article 47 (3) of the Constitution states, "The President shall act in accordance with the advice of the Prime Minister in carrying out all his other duties except in the case of appointment of the Prime Minister only in accordance with Article 57 (3) of the Constitution and the appointment of the Chief Justice in accordance with Article 95 (1)." In other words, the President is not obliged to take the advice of the Prime Minister in appointing the Chief Justice.





The qualification to be appointed as an additional judge in the High Court Division for the first two years is to be a lawyer registered with the Supreme Court Bar Association for a certain period of time and an additional judge appointed to the Judicial Service under Article 96 of the Constitution. At present this ratio is 00% - 00%. After the successful completion of this period and on the recommendation of the Chief Justice, the President appointed an additional judge permanently in accordance with Article 95 of the Constitution . Judges of the Appellate Division are appointed by the President under the same provision. All appointments are effective from the date of taking oath in accordance with the provisions of Article 147 of the Constitution. A judge of the Supreme Court of Bangladesh will be a judge as extended by the provisions of the Constitution (thirteen) up to 7 years as amended Act 2004 (14 of 2004).





Criticism 





Despite the fact that Bengali is the only state language under the Constitution of Bangladesh and in violation of the Bengali Language Act, 197 , the Supreme Court's judgment is still criticized in English, as it was during the British colonial rule.  The Prime Minister of Bangladesh Sheikh Hasina has called for writing the verdict of the Supreme Court in Bengali, saying, "The verdict should be written in the language we all understand. And you can write the verdict in Bengali and translate it into English. ”  Former Chief Justice of Bangladesh Muhammad Habibur Rahman wrote, "If justice is a virtue and if it works for the welfare of the people, then it should be in the language of the people." However, "I say openly that if the people of the country want all the work of the Supreme Court of their country to be in their language, the judges will not want to voluntarily hand over Bengal until their representatives pass the law in Parliament."





Controversial Events 





Prior to his appointment as Justice, Justice AKM Asaduzzaman and Justice SM Emdadul Haque were central members (Rukn) of Bangladesh Jamaat-e-Islami . 





On 16 February 2013, Justice Md. On behalf of Mizanur Rahman Bhuiyan, his son-in-law Siddiqur Rahman Hawladar went to the judges' chambers of the High Court and came up with a report in an envelope of the Supreme Court calling blogger Rajib Haider an apostate . Justice Mizanur Rahman Bhuiyan resignation was demanded due to propaganda against blogger Ahmed Rajib Haider.

























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