The Supreme Court of Bangladesh (Bengali: বাংলাদেশ সুপ্রীম কোর্ট) 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 October 2010, there are 5 Justices in Appellate Division and 90 Justices in High Court Division.
Supreme Court of Bangladesh divided in two parts. First, the Appellate Division and second is the High Court Division. The High Court Division hears appeals from lower courts and tribunals; it also has original jurisdiction in certain limited cases, such as writ applications under article 102 of the Constitution of Bangladesh, and company and admiralty matters. The Appellate division has jurisdiction to hear appeals from the High Court Division. The Supreme Court is independent of the executive branch, and is able to rule against the government in politically controversial cases.
The chief justice and other judges of the supreme court are appointed by His Excellency the President of Bangladesh with prior mandatory consultation with the Prime Minister. The entry point to the sit of judges in the High Court Division is the post of Additional Judge who are appointed from among the practicing Advocates of the Supreme Court Bar Association and from the judicial service under the provision of article 98 of the constitution for a period of two years.The current ratio of such appointment is 80%-20%.Upon successful completion of this period and upon recommendation by the chief Justice an Additional Judge is appointed permanently by the President under the provision of article 95 of the constitution.The judges of the Appellate Division are also appointed by the Honorable President under the same provision.All such appointments come into effect on and from the date of taking oath by the appointee under the provision of article 148 of the constitution.
A judge of the Bangladesh Supreme court holds office till he/she attains the age of 67 years as extended by the provision of Constitution (Thirteen) amendment Act 2004 (Act 14 of 2004).A retiring judge faces disability in pleading or acting before any court or authority or holding any office of profit in the service of the republic, not being a judicial or quasi judicial office or the office of the chief Adviser or Adviser.
A Supreme Court Judge is not removable from the office except in accordance with the provision of article 96 of the constitution which provides for Supreme Judicial Council empowering it to remove a judge of the supreme court from the office upon allowing the delinquent judge an opportunity of being heard. The supreme judicial council is constituted with the Chief Justice of Bangladesh and next two senior judge of the Appellate Division,provided if at any time the council inquiring into the capacity or conduct of a judge who is a member of the supreme judicial council,or a member of the council is absent or is unable to act due to illness or other cause, the judge who is the next in seniority to those who are members of the council shall act as such member.
Supreme court judges are independent in their judicial function as empowered through article 94(4) of the constitution.
