The Supreme Court
The Judiciary of Bangladesh consists of a Supreme Court, subordinate courts and tribunals. The Supreme Court of Bangladesh comprises of the Appellate Division and the High Court Division. It is the apex Court of the country and other Courts and Tribunals are subordinate to it.
The Appellate Division shall have Jurisdiction to hear and determine appeals from judgments, decrees, orders or sentences of the High Court Division. It has rule making power for regulating the practice and procedure of each division and of any Court subordinate to it.
The High Court Division, though a Division of the Supreme Court, is for all practical purposes, an independent court with its powers, functions and jurisdictions well defined and determined under the Constitution and different laws. It has both appellate as well as original jurisdiction. It hears appeals from orders, decrees and judgments of subordinate courts and tribunals. It has original jurisdiction to hear Writ Applications under article 102 of the Constitution, which is known as extra ordinary constitutional jurisdiction. It has further original jurisdiction, inter alia, in respect of company and admiralty matters under statutes. The High Court Division, in special circumstances, has also powers and jurisdiction to hear and dispose of cases as the court of first instance under article 101 of the Constitution. The High Court Division shall have Superintendence and control over all Courts and tribunals subordinate to it.
Legal and Judicial Capacity Building Project
The Ministry has undertaken a development project called the Legal and Judicial Capacity Building Project. The total estimated cost of the project is Tk.228.75 crore. The project is financed by the World Bank, Canadian International Development Agency (CIDA), Danish International Development Agency (DANIDA) and the Government's own resources. The project period is fixed till December 2006. The project is designed to address two broad critical areas and issues, namely, Legal Capacity Building and judicial Capacity Building, detailed further below.
# Legal Capacity Building
# Judicial Capacity Building
LEGAL CAPACITY BUILDING
The Project activities include institutional capacity building of (i) the Legislative Drafting Wing of the Ministry and (ii) the Law Commission.
Strengthening the Legislative Drafting Wing
The capacity of the Ministry's Legislative Wing is being enhanced to effectively assist the government in drafting laws, rules, regulations as well as other statutory rules and legal instruments. A Legislative Drafting Service has been established. Officers in the Service are all permanent. CIDA is developing and implementing a training and development program for the Wing, which include, among other things, drafting manual and standards, legislative principles, computerized management and networking, library facilities etc. Under the program, officers of the Wing are being trained on relevant professional techniques and academic subjects by national and expatriate consultants. The Legislative Wing will be converted to a full Division.
Strengthening the Law Commission
The Law Commission is being strengthened so as to be able to fulfill its purposes and to play its expected part in carrying out the Government's agenda of legal reforms. Modern and advanced work methodology is being developed for the Commission. Network and links with advanced legal research institutes are also being developed. CIDA is financing this component under grant facility.
JUDICIAL CAPACITY BUILDING
# Infra Structural Development
# Technical Reforms (Rules)
# Technical Reforms (CMIS)
# Human Resource Development
Infra Structural Development
Now in many places, judges are to share chambers and court rooms. Under this project, works of construction of new court buildings, vertical extension and renovation of existing court building in 22 districts are underway. Total estimated cost is about 105 crore taka. World Bank will spend 73 crore taka under long term soft credit facility, while GOB will contribute 32 core taka. This component, when implemented, will help overcome the existing acute problem of accommodation of office chambers and court rooms.
Technical Reforms (Rules)
The technical reforms in respect of court administration and case management in Supreme Court as well as in District Courts is another important facet of the project. The overall productivity and output of judicial performances by judges will be considerably augmented with successful implementation of the designed reforms measures in court administration and case management. The existing rules relating to court administration and case management are being thoroughly examined, reformed and experimented.
Technical Reforms (CMIS)
Introduction of computerized management and information system (CMIS) in Supreme Courts and District Courts will significantly contribute to the capacity enhancement of the judiciary as a whole. Introduction of computer technology in court administration and case management is being implemented under the project. Modules are being developed. It will also provide LAN facilities in the Supreme Court and gradually in all the district courts.
Human Resource Development
The Project has also programs to develop human resources within the Judiciary. The Judges of all ranks are being trained on different subjects on continuous basis. Judges are also being trained on computer operation and management. DANIDA is carrying out the training programs. A modern training complex, with all modern facilities, at a cost of TK. 12 corers is being constructed at a place near to the Supreme Court. World Bank is financing this under long term soft credit.
The Subordinate Courts and Tribunals
There are a wide variety of subordinate courts and tribunals. Such courts and tribunals are the creatures of statutes. Their powers, functions and jurisdictions are also determined by the respective statutes. These are the basic courts in the system of the judiciary of Bangladesh. The major bulk of the cases, both civil and criminal, are tried and heard in such courts and tribunals. Certain tribunals are termed as administrative tribunals. Such courts and tribunals spread all over the country at the district levels. The subordinate courts in Bangladesh can be divided in two broad classes, namely, civil courts and criminal courts.
# Civil Courts
# Criminal Courts
Civil Courts
The civil court system is more popularly known as the subordinate judiciary. The civil courts are created under the Civil Courts Act of 1887. The Act provides for five tiers of civil courts in a district, which bottom-up are i) court of assistant judge, ii) court of senior assistant judge, iii) court of joint district judge, iv) court of additional district judge and v) court of district judge. The first three are courts of first instances with powers, functions and jurisdictions in respect of subject matter, territory and pecuniary value determined by or under statutes. The rest two are generally courts of appeal in civil matters.
Criminal Courts
# Courts of Sessions
# Courts of Metropolitan Sessions
# Special courts/tribunals (Criminal)
# Courts of Metropolitan Magistrate
# Courts of Magistrate
Courts of Session
In the structure of Courts of Session, there are three tiers of judges, namely, Sessions Judge, Additional Sessions Judge and Joint Sessions Judge. Judges of Sessions Courts try grave criminal offences. Sessions Judge and Additional Sessions Judge hold same powers, while Joint Sessions Judge enjoy lesser powers. A Sessions Judge and an Additional Sessions Judge may impose any penalty including the death penalty. No separate cadre of judges for criminal courts or courts of session is there. Generally career civil judges are appointed to act as judges in session courts in addition to their basic functions as civil judges.
Courts of Metropolitan Session Judges
The Courts of Sessions in the metropolitan areas of Dhaka and Chittagong have been separately organized as the Courts of Metropolitan Sessions Judges. Such courts are exclusively criminal courts to deal with only sessions cases. Judges appointed to such courts do not hear or try any civil matter, unlike judges of session courts in districts. These are a kind of relatively fast track criminal courts.
Special courts/tribunals
Apart from the aforesaid mainstream civil and criminal courts within the structure of the subordinate judiciary, there are a good number of special courts and tribunals, both civil and criminal, to deal with specific matters or offences. For example, in the civil area there are Labour Courts to deal with disputes under different labour related laws, Family Courts to deal with matrimonial matters, Money Loan Courts, Bankruptcy Courts, Income Tax Tribunals, Administrative Tribunals, Election Tribunals, etc. to deal with relevant matters. Similarly in the criminal area, there are Special Tribunals, Public Safety Tribunals, Courts Against Repression of Women and Children, etc. to deal with certain specified offences. All such courts and tribunals are also under the general superintendence and control of the Supreme Court.
Courts of Metropolitan Magistrate
The Courts of Magistrates in the metropolitan areas are organized separately as Courts of Metropolitan Magistrates. Each Metropolitan Magistracy has one Chief Metropolitan Magistrate as head of the Institution. All magistrates in a Metropolitan Magistracy are First Class Magistrates, unlike magistrates in a District Magistracy. They are exclusively criminal courts.
Courts of Magistrate
In the general structure of criminal courts, there are two basic tiers, namely, Courts of Magistrates and Courts of Session. This is so provided by the Code of Criminal Procedure, 1898. There are three classes of Magistrates, namely, Magistrates of the first class, Magistrates of the second class and Magistrates of the third class. Such classification of Magistrates is made on the basis of powers and functions assigned to each class.
