Supreme Court of Bangladesh Logo

Country People's Republic of Bangladesh

Location Ramna, Dhaka 1000, Bangladesh

Authorized by
Constitution of Bangladesh

Website
supremecourt.gov.bd

Chief Justice of Bangladesh

Currently Surendra Kumar Sinha

Since 17 January 2015

 Supreme Court of Bangladesh in Dhaka
Supreme Court of Bangladesh

 The Supreme Court of Bangladesh (Bengali:

বাাংলাদেশ সুপ্রীম ক ার্ট ) is the highest court of law
in Bangladesh. It is composed of the High Court
Division and the Appellate Division, and was
created by Part VI Chapter I of the Constitution of
Bangladesh adopted in 1972. This is also the office
of the Chief Justice, Appellate Division Justices,
and High Court Division Justices of Bangladesh.
As of April 2016, there are 9 Justices in Appellate
Division and 90 (80 are permanent and 10 are
additional) in High Court Division.
 Contents
1. Constitution(Part VI Chapter I)
2. Structure
3. Judgments of Supreme Court of
Bangladesh
4. Judges
• Sitting Judges of the Appellate Division
• Sitting Permanent Judges of the High
Court Division
• Additional Judges of High court Division
 Constitution
PART VI-CHAPTER I(THE SUPREME COURT)
Establishment of Supreme Court
94. (1) There shall be a Supreme Court for Bangladesh (to
be known as the Supreme Court of Bangladesh)
comprising the Appellate Division and the High Court
Division.

(2) The Supreme Court shall consist of the Chief Justice,

to be known as the Chief Justice of Bangladesh, and such
number of other Judges as the President may deem it
necessary to appoint to each division.
(3) The Chief Justice, and the Judges appointed to the
Appellate Division, shall sit only in that division, and the
other Judges shall sit only in the High Court Division.

(4) Subject to the provisions of this Constitution the

Chief Justice and the other Judges shall be independent
in the exercise of their judicial functions.
 Appointment of Judges

95. (1) The Chief Justice shall be appointed by the

President, and the other Judges shall be appointed by the
President after consultation with the Chief Justice.
(2) A person shall not be qualified for appointment as a
Judge unless he is a citizen of Bangladesh and –
a) has, for not less than ten years, been an advocate of
the Supreme Court ; or
b) has, for not less than ten years, held judicial office in
the territory of Bangladesh ; or
 c) has such qualifications as may be prescribed by law
for appointment as a Judge of the Supreme Court.

(3) In this article, “Supreme Court” includes a court

which at any time before the commencement of this
Constitution exercised jurisdiction as a High Court in
the territory of Bangladesh.
 Tenure of office of Judges
96. (1) Subject to the other provisions of this article, a
Judge shall hold office until he attains the age of sixty-
seven years.

(2) A Judge shall not be removed from his office except

by an order of the President passed pursuant to a
resolution of Parliament supported by a majority of not
less than two-thirds of the total number of members of
Parliament, on the ground of proved misbehaviour or
incapacity.
(3) Parliament may by law regulate the procedure in
relation to a resolution under clause (2) and for
investigation and proof of the misbehaviour or
incapacity of a Judge.

(4) A Judge may resign his office by writing under his

hand addressed to the President.
 Temporary appointment of Chief Justice
97. If the office of the Chief Justice becomes vacant, or if
the President is satisfied that the Chief Justice is, on
account of absence, illness, or any other cause, unable to
perform the functions of his office, those functions shall,
until some other person has entered upon that office, or
until the Chief Justice has resumed his duties, as the case
may be, be performed by the next most senior Judge of
the Appellate Division.
 Additional Supreme Court Judges
98. Notwithstanding the provisions of article 94, if the
President is satisfied that the number of the Judges of a
division of the Supreme Court should be for the time
being increased, the President may appoint one or more
duly qualified persons to be Additional Judges of that
division for such period not exceeding two years as he
may specify, or, if he thinks fit, may require a Judge of
the High Court Division to sit in the Appellate Division
for any temporary period :
Provided that nothing in this article shall prevent a
person appointed as an Additional Judge from being
appointed as a Judge under article 95 or as an Additional
Judge for a further period under this article.
 Disabilities of Judges after retirement
99. (1) A person who has held office as a Judge (otherwise
than as an Additional Judge pursuant to the provisions of
article 98), shall not, after his retirement or removal
therefrom, plead or act before any court or authority or
hold any offece of profit in the service of the Republic
not being a judicial or quasi-judicial office.

(2) Notwithstanding anything contained in clause (1), a

person who has held office as a Judge of the High Court
Division may, after his retirement or removal therefrom,
plead or act before the Appellate Division.
 Seat of Supreme Court

100. The permanent seat of the Supreme Court shall

be in the capital, but sessions of the High Court
Division may be held at such other place or places
as the Chief Justice may, with the approval of the
President, from time to time appoint.
 Jurisdiction of High Court Division

101. The High Court Division shall have such

original, appellate and other jurisdictions and
powers as are conferred on it by this Constitution
or any other law.
 Powers of High Court Division to issue
certain orders and directions, etc
102. (1) The High Court Division on the application of any
person aggrieved, may give such directions or orders to
any person or authority, including any person
performing any function in connection with the affairs of
the Republic, as may be appropriate for the enforcement
of any of the fundamental rights conferred by Part III of
this Constitution.
(2) The High Court Division may, if satisfied that no
other equally efficacious remedy is provided by law –
(a) on the application of any person aggrieved, make an
order-
(i) directing a person performing any functions in
connection with the affairs of the Republic or of a local
authority,
to refrain from doing that which he is not permitted by
law to do or to do that which he is required by law to do ;
or

(ii) declaring that any act done or proceeding taken by a

person performing functions in connection with the
affairs of the Republic or of a local authority, has been
done or taken without lawful authority and is of no legal
effect ; or

(b) on the application of any person, make an order-

(i) directing that a person in custody be brought before it
so that it may satisfy itself that he is not being held in
custody without lawful authority or in an unlawful
manner ; or

(ii) requiring a person holding or purporting to hold a

public office to show under what authority he claims to
hold that office.

(3) Notwithstanding anything contained in the forgoing

clauses, the High Court Division shall have no power
under this article to pass any interim or other order in
relation to any law to which article 47 applies.
(4) Whereon an application made under clause (1) or
sub-clause (a) of clause (2), an interim order is prayed
for and such interim order is likely to have the effect of-
(a) prejudicing or interfering with any measure designed
to implement any development programme, or any
development work ; or
(b) being otherwise harmful to the public interest, the
High Court Division shall not make an interim order
unless the Attorney-General has heen given reasonable
notice of the application and he (or an advocate
authorized by him in that behalf) has been given an
opportunity of being heard, and the High Court Division
is satisfied that the interim order would not have the
effect referred to in sub-clause (a) or sub-caluse (b).
(5) In this article, unless the context otherwise requires,
“person” includes a statutory public authority and any
court or tribunal, other than a court or tribunal
established under a law relating to the defence services
of Bangladesh or any disciplined force or a tribunal to
which article 117 applies.
 Jurisdiction of Appellate Division
103. (1) The Appellate Division shall have jurisdiction to
hear and determine appeals from judgments, decrees,
orders or sentences of the High Court Division.
(2) An appeal to the Appellate Division from a judgment,
decree, order or sentence of the High Court Division
shall lie as of right where the High Court Division –
(a) certifies that the case involves a substantial question
of law as to the interpretation of this Constitution ; or
(b) has confirmed a sentence of death or sentenced a
person to death or to imprisonment for life ; or
(c) has imposed punishment on a person for contempt of
that division ; and in such other cases as may be
provided for by Act of Parliament.

(3) An appeal to the Appellate Division from a judgment,

decree, order or sentence of the High Court Division in a
case to which clause (2) does not apply shall lie only if
the Appellate Division grants leave to appeal.

(4) Parliament may by law declare that the provisions of

this article shall apply in relation to any other court or
tribunal as they apply in relation to the High Court
Division.
 Issue and execution of processes of
Appellate Division
104. The Appellate Division shall have power to issue such
directions, orders, decrees or writs as may be necessary
for doing complete justice in any cause or matter
pending before it, including orders for the purpose of
securing the attendance of any person or the discovery or
production of any document.
 Review of judgments or orders by
Appellate Division
105. The Appellate Division shall have power, subject to
the provisions of any Act of Parliament and of any rules
made by that division to review any judgment
pronounced or order made by it.
 Advisory jurisdiction of Supreme Court

106. If at any time it appears to the President that a

question of law has arisen, or is likely to arise, which is of
such a nature and of such public importance that it is
expedient to obtain the opinion of the Supreme Court
upon it, he may refer the question to the Appellate
Division for consideration and the division may, after
such hearing as it thinks fit, report its opinion thereon to
the President.
 Rule-making power of the Supreme Court
107. (1) Subject to any law made by Parliament the Supreme Court
may, with the approval of the President, make rules for regulating
the practice and procedure of each division of the Supreme Court
and of any court subordinate to it.
(2) The Supreme Court may delegate any of its functions under
clause (1) and article 113 and 116 to a division of that Court or to
one or more judges.
(3) Subject to any rules made under this article the Chief Justice
shall determine which judges are to constitute any Bench of a
division of the Supreme Court and which judges are to sit for any
purpose.
(4) The Chief Justice may authorize the next most senior judge of
either division of the Supreme Court to exercise in that division
any of the powers conferred by clause (3) or by rules made under
this article.
 Supreme Court as court of record

108. The Supreme Court shall be a court of record and

shall have all the powers of such a court including the
power subject to law to make an order for the
investigation of or punishment for any contempt of
itself.
 Superintendence and control over courts

109. The High Court Division shall have superintendence

and control over all courts and tribunals subordinate to
it.
 Transfer of cases from subordinate courts
to High Court Division
110. If the High Court Division is satisfied that a case pending in a
court subordinate to it involves a substantial question of law as to
the interpretation of this Constitution, or on a point of general
public importance, the determination of which is necessary for
the disposal of the case, it shall withdraw the case from that court
and may –

(a) either dispose of the case itself ; or

(b) determine the question of law and return the case to the court
from which it has been so withdrawn (or transfer it to another
subordinate court) together with a copy of the judgment of the
division on such question, and the court to which the case is so
returned or transferred shall, on receipt thereof, proceed to
dispose of the case in conformity with such judgment.
 Binding effect of Supreme Court
judgments
111. The law declared by the Appellate Division shall be
binding on the High Court Division and the law declared
by either division of the Supreme Court shall be binding
on all courts subordinate to it.
 Action in aid of Supreme Court

112. All authorities, executive and judicial, in the Republic

shall act in aid of the Supreme Court.
 Staff of Supreme Court

113. (1) Appointments of the staff of the Supreme Court shall be

made by the Chief Justice or such other judge or officer of
that court as he may direct, and shall be made in accordance
with rules made with the previous approval of the President
by the Supreme Court.

(2) Subject to the provisions of any Act of Parliament the

conditions of service of members of the staff of the Supreme
Court shall be such as may be prescribed by rules made by
that court.
 Structure
 Supreme Court of Bangladesh is divided into two parts
-the Appellate Division
-the High Court Division

 Supreme court judges are independent in their judicial

function as empowered.

 The Supreme Court is independent of the executive

branch, and is able to rule against the government in
politically controversial cases.

 The Chief Justice of Bangladesh and other judges of the

Supreme Court are appointed by the President of
Bangladesh with prior mandatory consultation with the
Prime Minister.
 A judge of the Bangladesh Supreme Court holds office
until (s)he attains the age of 67 years.

 A Supreme Court Judge can only be removed from office

by Supreme Judicial Council(constituted with the Chief
Justice of Bangladesh) empowering.
 The High Court Division
 The High Court Division hears appeals from lower courts
and tribunals.

 The High Court Division also has original jurisdiction in

certain limited cases.

 The entry point to the seat of judges in the High Court

Division is the post of Additional Judge.

 An Additional Judge is appointed permanently by the

President of Bangladesh under the provision of Article
95 of the Constitution.
The Appellate Division

 The Appellate Division has jurisdiction to hear appeals

from the High Court Division.
 Judgments of Supreme Court of
Bangladesh
 As per Article 111 of the Constitution of Bangladesh, 1972,
the Supreme Court judgments have binding effects and the
article provides that the law declared by the Appellate
Division shall be binding on the High Court Division and
the law declared by either division of the Supreme Court
shall be binding on all courts subordinate to it.

 These judgements are usually digested in the Bangladesh

Supreme Court Digest. There are also many law reports
which publish the judgments and orders of the Supreme
Court. All these law reports are in printed volumes. Only
Chancery Law Chronicles offers the Online service of
judgments of Supreme Court of Bangladesh.
 Judges
Sitting Judges of the Appellate Division
Name Date appointed Date appointed Mandatory Appointing
in Appellate in High Court retirement President at
Division Division as High Court
additional judge Division
Chief Justice 16 July 2009 24 October 1999 31 January 2018 Shahabuddin
Surendra Kumar Ahmed
Sinha
Justice Md. 23 February 2011 24 October 1999 10 November Shahabuddin
Abdul Wahhab 2018 Ahmed
Miah
Madame Justice 23 February 2011 28 May 2000 7 July 2017 Shahabuddin
Nazmun Ara Ahmed
Sultana
Justice Syed 23 February 2011 22 February 200130 December Shahabuddin
Mahmud Hossain 2021 Ahmed
 Name Date appointed Date appointed Mandatory Appointing
in Appellate in High Court retirement President at
Division Division as High Court
additional judge Division

Justice Md. 23 February 2011 22 February 200131 December Shahabuddin

Imman Ali 2022 Ahmed

Justice Hasan 31 March 2013 22 February 200125 September Shahabuddin

Foez Siddique 2023 Ahmed

Justice Mirza 8 February 2016 3 July 2001 28 February 2021Shahabuddin

Hussain Haider Ahmed

Justice Md. 8 February 2016 3 July 2001 14 March 2017 Shahabuddin

Nizamul Huq Ahmed
 Name Date appointed Date appointed Mandatory Appointing
in Appellate in High Court retirement President at
Division Division as High Court
additional judge Division
Justice 8 February 2016 3 July 2001 11 April 2022 Shahabuddin
Mohammad Ahmed
Bazlur Rahman

All these judges are appointed in High Court Division by

Sheikh Hasina (Awami League)
Sitting Permanent Judges of the High Court
Division
 Justice Syed Muhammad Dastagir Husain
 Justice Mizanur Rahman Bhuiyan
 Justice Syed A B Mahmudul Huq
 Justice Tariq ul Hakim
 Madame Justice Salma Masud Chowdhury
 Justice Farid Ahmed
 Justice Shamim Hasnain
 Justice A.F.M Abdur Rahman
 Justice Dr. Md. Abu Tariq
 Madame Justice Zinat Ara
 Justice Muhammad Abdul Hafiz
 Justice Dr. Syed Refaat Ahmed
 Justice Miftah Uddin Choudhury
 Justice A. K. M. Asaduzzaman
 Justice Md. Ashfaqul Islam
 Justice Zubayer Rahman Chowdhury
 Justice Quamrul Islam Siddiqui
 Justice Md. Fazlur Rahman
 Justice Moyeenul Islam Chowdhury
 Justice Md. Emdadul Huq
 Justice Md. Rais Uddin
 Justice Md. Emdadul Haque Azad
 Justice Md. Ataur Rahman Khan
 Justice Syed Md. Ziaul Karim
 Justice Md. Rezaul Haque
 Justice Sheikh Abdul Awal
 Justice S. M. Emdadul Hoque
 Justice Mamnoon Rahman
 Madame Justice Farah Mahbub
 Justice A. K. M. Abdul Hakim
 Justice Borhanuddin
 Justice M. Moazzam Husain
 Justice Soumendra Sarker
 Justice Abu Bakar Siddiquee
 Justice Md. Nuruzzaman
 Justice Md. Moinul Islam Chowdhury
 Justice Obaidul Hassan
 Justice M Enayetur Rahim
 Madame Justice Dr. Naima Haydar
 Justice Md. Rezaul Hasan
 Justice Md. Faruque
 Justice Md. Shawkat Hossain
 Justice F. R. M. Nazmula Ahasan
 Madame Justice Krishna Debnath
 Justice A. N. M. Bashir Ullah
 Justice Abdur Rob
 Justice Dr. Quazi Reza-Ul Hoque
 Justice Md. Abu Zafor Siddique
 Justice A. K. M. Zahirul Hoque
 Justice Jahangir Hossain
 Justice Sheikh Md. Zakir Hossain
 Justice Md. Habibul Gani
 Justice Gobinda Chandra Tagore
 Justice Sheikh Hassan Arif
 Justice J. B. M. Hassan
 Justice Md. Ruhul Quddus
 Justice Md. Khasruzzaman
 Justice Farid Ahmed
 Justice Md. Nazrul Islam Talukder
 Justice Bhabani Prasad Singh
 Justice Anwarul Haque
 Justice M Akram Hossain Chowdhury
 Justice M Ashraful Kamal
 Justice S H Nurul Huda Jaygirdar
 Justice K M Kamrul Kader
 Justice Mohammad Khurshid Alam Sarker
 Justice Mohammad Mujibur Rahman Miah
 Justice Mostofa Zaman Islam
 Justice Mohammadullah
 Justice A K M Shahidul Haque
 Justice Shahidul Karim
 Justice Mohammad Jahangir
 Justice Abu Taher Mohammad Saifur Rahman
 Justice Ashish Ranjan Daash
 Justice Mahmudul Haque
 Justice Badruzzaman Badol
 Justice Zafar Ahmed
 Justice Kazi M Ejarul Haque Akond
 Justice Mohammad Shahinur Islam
 Madame Justice Kashefa Hussain
 Additional Judges of Highcourt Division
 Justice Syed Mohammad Mozibur Rahman
 Justice Farid Ahmed Shibli
 Justice Amir Hossain
 Justice Khizir Ahmed Choudhury
 Justice Razik Al-Jalil
 Justice Jyotirmoy Narayan Deb Chowdhury
 Justice Bhishmadev Chakrabortty
 Justice Md. Iqbal Kabir
 Justice Md. Salim
 Justice Md. Sohrowardi
Any Question?