Appellate Division, Supreme Court of Bangladesh explained

Court Name:Appellate Division of the Supreme Court of Bangladesh
Native Name:বাংলাদেশ সর্বোচ্চ আদালত এর আপিল বিভাগ
Location:Ramna, Dhaka 1000, Bangladesh
Coordinates:23.7308°N 90.4025°W
Authority:Constitution of Bangladesh
Chiefjudgetitle:Chief Justice of Bangladesh
Chiefjudgename:Syed Refaat Ahmed
Termstart:10 August 2024

The Appellate Division, Supreme Court of Bangladesh is the appellate court in Bangladesh. The Appellate Division is the final court of appeal for all civil and criminal cases, with appellate review authority over judgements of the High Court Division.[1] [2]

The Court is composed of 6 judges, led by its Chief Justice, Syed Refaat Ahmed.

History

The Appellate Division is Bangladesh's highest court, and thus its court of final appeal. Its earliest predecessor was the Supreme Court of Pakistan which, following the partition of India introduced in 1947, had the distinctionary powers of being the highest Courts for all cases.[3]

Jurisdiction

Appellate Jurisdiction

As the final court of appeal of the country, it takes up appeals primarily against verdicts of the High Court Division and other courts and tribunals.[4] [5]

  1. The Appellate Division shall have jurisdiction to hear and dispose of appeals against judgments, decrees, orders or sentences of the High Court Division.
  2. The judgment, decree, order or sentence of the High Court Division may be appealed by right to the Appellate Division, [...]
  3. In a case against a judgment, decree, order or sentence of the High Court Division to which clause (2) of this section does not apply, the appeal shall proceed only if the Appellate Division allows the appeal.
  4. Parliament may by law declare that the provisions of this section shall apply to any other court or tribunal as they apply to the High Court Division.

Issue and execution of appellate processes

According to the Constitution:

Power of Review

According to the Constitution:

Advisory Jurisdiction

According to the Constitution:

Rule making power

According to the Constitution:

  1. Subject to any law made by the Parliament, the Supreme Court may, with the approval of the President, make rules to regulate the customs and procedures of every department and any subordinate court.
  2. The Supreme Court may delegate the duties under Clause (1) of this Article and Articles 113 and 116 of this Constitution to any division of the said Court or to one or more Judges.
  3. Subject to the rules made under this section, the Chief Justice shall determine the Bench of which Division shall be constituted and which Judge shall sit for what purpose.
  4. The Chief Justice may depute the most senior Judge in any Division of the Supreme Court to exercise any power conferred on that Division by clause (3) of this section or by rules made under this section.[6]

Justices of the Appellate Division

NameDate appointed in Appellate DivisionDate appointed in High Court Division as additional judgeMandatory retirementAppointing President at High Court DivisionPrime minister at time of appointment in High Court DivisionJudicial position before appointment as a justiceLaw school"
Chief Justice Syed Refaat Ahmed[7] 10 August 202430 June 200910 January 2026Mohammed ShahabuddinMuhammad YunusAdvocate at Supreme CourtDhaka University
Justice Md. Ashfaqul Islam[8] 9 December 202227 August 200314 July 2026Iajuddin AhmedBegum Khaleda Zia (BNP)Dhaka University
Justice Zubayer Rahman Chowdhury9 January 2022?30 June 2009?10 August 2027?Zillur Rahman?Sheikh Hasina (Awami League)?Additional Attorney General of BangladeshDhaka University?
Justice Syed Md. Ziaul Karim9 December 2022?27 August 2003?14 July 2026?Iajuddin Ahmed?Begum Khaleda Zia (BNP)?Dhaka University?
Justice Md. Rezaul Haque9 December 2022?18 April 2010?1 January 2026?Zillur Rahman?Sheikh Hasina (Awami League)?Rajshahi University?
Justice S. M. Emdadul Hoque9 December 2022?18 April 2010?30 December 2026?Zillur Rahman?Sheikh Hasina (Awami League)?Dhaka University?

Notes and References

  1. Web site: Jurisdiction the Supreme Court. Supreme Court of Bangladesh.
  2. Web site: The Constitution of the People's Republic of Bangladesh: Part IV: The Judiciary: Chapter 1: The Supreme Court. bdlaws.minlaw.gov.bd. dead. https://web.archive.org/web/20180125015259/http://bdlaws.minlaw.gov.bd/sections_detail.php?id=367&sections_id=24660. 2018-01-25.
  3. Web site: History of the Supreme Court. Supreme Court of Bangladesh.
  4. Web site: The Divorce Act, 1869 . bdlaws.minlaw.gov.bd . 28 August 2024.
  5. Web site: The Constitution of Bangladesh . bdlaws.minlaw.gov.bd. https://web.archive.org/web/20240805095729/http://bdlaws.minlaw.gov.bd/act-367/act-part-print-203.html . 28 August 2024. 5 August 2024 .
  6. News: Jurisdiction the Supreme Court . 28 August 2024 . www.supremecourt.gov.bd. https://web.archive.org/web/20240805083341/https://www.supremecourt.gov.bd/web/indexn.php?page=jurisdiction.php&menu=11&lang= . 5 August 2024 .
  7. News: 2 HC judges promoted to SC Appellate Division . The Daily Star . 2 September 2020.
  8. Web site: 4 HC judges elevated to Appellate Division of SC . 2022-01-09 . 2022-12-26 . . Digital Report . Star . https://archive.today/20221226014342/https://www.thedailystar.net/news/bangladesh/governance/news/4-hc-judges-elevated-appellate-division-sc-2935431 . 2022-12-26 . live.