| Bangladesh: Integrity Scorecard Report > Sub-Category: Judicial Accountability | ||
| Indicators | Score | |
| 33 | Are judges appointed fairly? | 83 |
| 34 | Can members of the judiciary be held accountable for their actions? | 79 |
| 35 | Are there regulations governing conflicts of interest for the national-level judiciary? | 25 |
| 36 | Can citizens access the asset disclosure records of members of the national-level judiciary? | 0 |
Indicator and sub-Indicator Details
| 33 | Are judges appointed fairly? | |||||||
| 33a: In law, there is a transparent procedure for selecting national-level judges. | ||||||||
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Comments: Article 95 of the Constitution states that- "(1) The chief justice and other judges shall be appointed by the president. (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 10 years, been a advocate of the Supreme Court; or (b) has, for not less than 10 years, helf judicial office in the territory of Bangladesh; or (c) has such other qualifications as may be prescribed by law for appointment as a judge of the Supreme Court. (3) In this articles, "Supreme Court" includes 'a Court which at any time before the commencement of the Second Proclamation (Tenth Amendment) Order, 1977, exercised jurisdiction as a High Court or Supreme Court in the territory now forming part of Bangladesh." References: The Constitution of the Peoples Republic of Bangladesh, [ LINK ] The Supreme Court of Bangladesh (Appellate Division) Rules, 1988 Barrister M. Amir-Ul Islam, Paper presented at the Seminar entitled Judicial Reform and Independence of the Judiciary , Au Aug. 11, 2007.
Peer Review Comments: It is all provided for in the constitution, but the lower judiciary was under the executive branch of the state until October 2007. The government was responsible for appointing the lower judiciary magistrates and they were under the government's command and the government could influence the verdict. On Nov. 1, 2007, the lower judiciary became separated from the executive and was placed under the Supreme Court of the country.
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| 33b: In practice, there are certain professional criteria required for the selection of national-level judges. | ||||||||
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Comments: References: Barrister M. Amir-Ul Islam, Paper presented at the Seminar entitled Judicial Reform and Independence of the Judiciary , Au Aug. 11, 2007 SC to Rescue Nation from Any Crisis, The Daily Star, Aug. 12, 2007, [ LINK ] Interview with G M Kader, former member of Parliament (MP), Dhaka, Sept. 6, 2007, at 10.30 a.m. (over phone). Interview with Lt. Col. (Rtd.) Farouque Khan, former member of Parliament (MP), Dhaka, Sept. 6, 2007, at 10.30 a.m. (over phone). Asian Human Rights Commission, Hong Kong, Translation of Article published in the Daily Prothom Alo, Dec. 1, 2006 [ LINK ] Transparency International, Berlin, 2004, National Integrity Systems Country Study Report: Bangladesh 2003. BRAC University, Center for Governance Studies, The State of Governance in Bangladesh 2006, p-53-60, Dhaka, December 2006 www.cgs-bu.com
Peer Review Comments: Bangladesh's constitutional provisions stipulate the judges must have certain qualifications, which are strictly maintained. Article 95 (2) of the constitution says: "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 10 years has been an advocate of the Supreme Court; or b) has for not less than 10 years, held judicial office in the territory of Bangladesh; or c) has such other qualifications as may be presented by law for appointment as a judge of the Supreme Court."
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| 33c: In law, there is a confirmation process for national-level judges (i.e. conducted by the legislature or an independent body). | ||||||||
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Comments: References: The Constitution of the Peoples Republic of Bangladesh, [ LINK ] The Supreme Court of Bangladesh (Appellate Division) Rules, 1988 Interview with Manzil Murshid, advocate of Supreme Court of Bangladesh, Dhaka, Aug. 17, 2007, at 8.00 p.m. Justice Kazi Ebadul Hoque, Administration of Justice in Bangladesh, Dhaka, 2003. Code of Conduct of the Judges of the Supreme Court of Bangladesh, Dhaka, May 2000. Barrister M. Amir-Ul Islam, Paper presented at the Seminar entitled Judicial Reform and Independence of the Judiciary , Au Aug. 11, 2007 SC to Rescue Nation from Any Crisis, The Daily Star, Aug. 12, 2007, [ LINK ] Interview with G M Kader, former member of Parliament (MP), Dhaka, Sept. 6, 2007, at 10.30 a.m. (over phone). Interview with Lt. Col. (Rtd.) Farouque Khan, former member of Parliament (MP), Dhaka, Sept. 6, 2007, at 10.30 a.m. (over phone). Transparency International, Berlin, 2004, National Integrity Systems Country Study Report: Bangladesh 2003.
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| 34 | Can members of the judiciary be held accountable for their actions? | |||||||
| 34a: In law, members of the national-level judiciary are obliged to give reasons for their decisions. | ||||||||
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Comments: Article 94 (4) of the Constitution states that " Subject to the provisions of this Constitution the chief justice and the other judges shall be independent in the exercise of their judicial functions". References: The Constitution of the Peoples Republic of Bangladesh, [ LINK ] Judicial Service Commission Rules, 2007
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| 34b: In practice, members of the national-level judiciary give reasons for their decisions. | ||||||||
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Comments: References: The Constitution of the Peoples Republic of Bangladesh, [ LINK ] The Supreme Court of Bangladesh (Appellate Division) Rules, 1988 Interview with Manzil Murshid, advocate of Supreme Court of Bangladesh, Dhaka, Aug. 17, 2007, at 8.00 p.m. Justice Kazi Ebadul Hoque, Administration of Justice in Bangladesh, Dhaka, 2003. Code of Conduct of the Judges of the Supreme Court of Bangladesh, Dhaka, May 2000. Barrister M. Amir-Ul Islam, Paper presented at the Seminar entitled Judicial Reform and Independence of the Judiciary , Au Aug. 11, 2007 Interview with G M Kader, former member of Parliament (MP), Dhaka, Sept. 6, 2007, at 10.30 a.m. (over phone). Interview with Lt. Col. (Rtd.) Farouque Khan, former member of Parliament (MP), Dhaka, Sept. 6, 2007, at 10.30 a.m. (over phone).
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| 34c: In law, there is a disciplinary agency (or equivalent mechanism) for the national-level judicial system. | ||||||||
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Comments: Article 96 of the Constitution of Bangladesh states that - "(1) Subject to the other provisions of this article, a judge shall hold office until he attains the age of 67 years. (2) A judge shall not be removed from office except in accordance with the following provisions of this article. (3) There shall be a Supreme Judicial Council, in this article referred to as the council, which shall consist of the chief justice of Bangladesh, and the two next senior judges: Provided that if, at any time, the Council is inquiring into the capacity or conduct of a judge who is a member of the Council, or a member of the Council is absent or is unable to act due to illness or other cause, the judge who is next in seniority to those who are members of the Council shall act as such member. (4) The function of the Council shall be- (a) to prescribe a Code of Conduct to be observed by the judges; and (b) to inquire into the capacity or conduct of a judge or of any other functionary who is not removable from office except in like manner as a judge. (5) Where, upon any information received from the Council or from any other source, the president has reason to apprehend that a judge- (a) may have ceased to be capable of properly performing the functions of his office by reason of physical or mental incapacity, or (b) may have been guilty of gross misconduct, the president may direct the Council to inquire into the matter and report its finding. (6) If, after making the inquiry, the Council reports to the president that in its opinion the Judge has ceased to be capable of properly performing the functions of his office or has been guilty of gross misconduct, the president shall, by order, remove the judge from office. (7) For the purpose of an inquiry this article, the Council shall regulate its procedure and shall have, in respect of issue and execution of processes, the same power as the Supreme Court." References: The Constitution of the Peoples Republic of Bangladesh, [ LINK ] The Supreme Court of Bangladesh (Appellate Division) Rules, 1988 Interview with Manzil Murshid, advocate of Supreme Court of Bangladesh, Dhaka, Aug. 17, 2007, at 8.00 p.m. Justice Kazi Ebadul Hoque, Administration of Justice in Bangladesh, Dhaka, 2003. Code of Conduct of the Judges of the Supreme Court of Bangladesh, Dhaka, May 2000. Barrister M. Amir-Ul Islam, Paper presented at the Seminar entitled Judicial Reform and Independence of the Judiciary , Au Aug. 11, 2007 Interview with G M Kader, former member of Parliament (MP), Dhaka, Sept. 6, 2007, at 10.30 a.m. (over phone). Interview with Lt. Col. (Rtd.) Farouque Khan, former member of Parliament (MP), Dhaka, Sept. 6, 2007, at 10.30 a.m. (over phone).
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| 34d: In law, the judicial disciplinary agency (or equivalent mechanism) is protected from political interference. | ||||||||
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Comments: References: The Constitution of the Peoples Republic of Bangladesh, [ LINK ] Judicial Service Commission Rules, 2007 The Supreme Court of Bangladesh (Appellate Division) Rules, 1988 Interview with Manzil Murshid, advocate of Supreme Court of Bangladesh, Dhaka, Aug. 17, 2007, at 8.00 p.m. Justice Kazi Ebadul Hoque, Administration of Justice in Bangladesh, Dhaka, 2003. Code of Conduct of the Judges of the Supreme Court of Bangladesh, Dhaka, May 2000.
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| 34e: In practice, when necessary, the judicial disciplinary agency (or equivalent mechanism) initiates investigations. | ||||||||
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Comments: Corruption and politicization of judiciary is a key concern in Bangladesh which has led to decline accountability and public trust. It is alleged that the formation of Supreme Judicial Council often relies on external pressure. On March 2007, the Supreme Judicial Council (SJC) was formed to investigate into controversial High Court (HC) judge Faisal Mahmud Faizee's alleged certificate scandal. It was formed after sending a presidential order to the Supreme Court via the law ministry. On March 19, 2007, the council sent its first reference to the president. On Martch 21, 2007, the president sent it back with recommendation for a Supreme Judicial Council probe but the council could not begin the inquiry as on March 19, 2007, Mr. Faizee filed a writ petition with the High Court against the Chittagong University syndicate's decision to cancel his LLB certificate. But on July 12, 2007, considering the image of apex court Mr. Faizee decided to step down his post and submitted resignation letter which was accepted and effected from July 12, 2007. References: Asian Human Rights Commission, Hong Kong, Translation of Article published in the Daily Prothom Alo Dec. 1, 2006, [ LINK ] The Daily Prothom Alo, July 18, 2007. Transparency International, Berlin, 2004, National Integrity Systems Country Study Report: Bangladesh 2003. Interview with Manzil Murshid, advocate of Supreme Court of Bangladesh, Dhaka, Aug. 17, 2007. Justice Kazi Ebadul Hoque, Administration of Justice in Bangladesh, Dhaka, 2003. Barrister M. Amir-Ul Islam, "Judicial Reform and Independence of the Judiciary" Paper presented at the Seminar,Dhaka, Aug. 11, 2007 Interview with G M Kader, former member of Parliament (MP), Dhaka, Sept. 6, 2007. Interview with Lt. Col. (Rtd.) Farouque Khan, former member of Parliament (MP), Dhaka, Sept. 6, 2007. SC to Rescue Nation from Any Crisis, The Daily Star, Aug. 12, 2007, [ LINK ]
Peer Review Comments: Allegation of corruption in the lower judiciary is rampant, but the higher judiciary is comparatively clean. Whenever allegations of corruption by the national level judges were raised, the president, in line with the constitutional provision, forms the Supreme Judicial Council to investigate the allegations. A judge of the High Court, Faisal Muhammad Fayeze, resigned on July 13 following a council investigation into alleged tampering of his LLB marks certificate.
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| 34f: In practice, when necessary, the judicial disciplinary agency (or equivalent mechanism) imposes penalties on offenders. | ||||||||
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Comments: References: Bangladesh Judicial Service Formation of Service, Appointment, Promotion in the Service and Temporary Suspension and Removal Rules, 2007 Bangladesh Judicial Service Determination of Service Place, Controlling of Granting Leave, Maintaining Discipline and others Conditions of Employment Rules, 2007. BRAC University, Center for Governance Studies, The State of Governance in Bangladesh 2006, p-53-60, Dhaka, December 2006, www.cgs-bu.com Power and Participation Research Center (PPRC), Bangladesh Governance Report 2007, p-84-85 Dhaka, 2007, Transparency International, Berlin, 2004, National Integrity Systems Country Study Report: Bangladesh 2003. Interview with G M Kader, former member of Parliament (MP), Dhaka, Sept. 6, 2007, at 10.30 a.m. (over phone). Interview with Lt. Col. (Rtd.) Farouque Khan, former member of Parliament (MP), Dhaka, Sept. 6, 2007, at 10.30 a.m. (over phone). The Supreme Court of Bangladesh (Appellate Division) Rules, 1988 Interview with Manzil Murshid, advocate of Supreme Court of Bangladesh, Dhaka, Aug. 17, 2007, at 8.00 p.m. Justice Kazi Ebadul Hoque, Administration of Justice in Bangladesh, Dhaka, 2003. Asian Human Rights Commission, Hong Kong, Translation of Article published in the Daily Prothom Alo Dec. 1, .2006, [ LINK ]
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| 35 | Are there regulations governing conflicts of interest for the national-level judiciary? | |||||||
| 35a: In law, members of the national-level judiciary are required to file an asset disclosure form. | ||||||||
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Comments: Article 14 of the Code of Conduct of the Judges of the Supreme Court states that "A judge should disclose his assets and liabilities if, asked for, by the chief justice." The spirit of this provision is often disregarded. There is no provision about publicy disclosing assets. References: The Supreme Court of Bangladesh (Appellate Division) Rules, 1988 Interview with Manzil Murshid, advocate of Supreme Court of Bangladesh, Dhaka, Aug. 17, 2007, at 8.00 p.m. Justice Kazi Ebadul Hoque, Administration of Justice in Bangladesh, Dhaka, 2003. Code of Conduct of the Judges of the Supreme Court of Bangladesh, Dhaka, May 2000.
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| 35b: In law, there are regulations governing gifts and hospitality offered to members of the national-level judiciary. | ||||||||
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Comments: Article 8 of the Code of Conduct of the Judges of the Supreme Court of Bangladesh states that " A judge will not accept gifts or hospitality except from his family, close relatives and friends". References: Code of Conduct of the Judges of the Supreme Court of Bangladesh, Dhaka, May 2000.
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| 35c: In law, there are requirements for the independent auditing of the asset disclosure forms of members of the national-level judiciary. | ||||||||
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Comments: References: The Supreme Court of Bangladesh (Appellate Division) Rules, 1988 Interview with Manzil Murshid, advocate of Supreme Court of Bangladesh, Dhaka, Aug. 17, 2007, at 8.00 p.m. Justice Kazi Ebadul Hoque, Administration of Justice in Bangladesh, Dhaka, 2003. Code of Conduct of the Judges of the Supreme Court of Bangladesh, Dhaka, May 2000.
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| 35d: In law, there are restrictions for national-level judges entering the private sector after leaving the government. | ||||||||
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Comments: Article 99.of the Constitution states that- "1) Except as provided in clause (2), a person who has held office as a judge otherwise than as an additional judge shall not, after his retirement or removal therefrom, plead or act before any court or authority or hold any office or profit in the service of the Republic not being a judicial or quasi-judicial office 60a[or the office of chief adviser or adviser]. (2) 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." But there is no provision/ regulation restricting post-government private sector employment for national-level judges. References: The Constitution of the Peoples Republic of Bangladesh, [ LINK ] The Supreme Court of Bangladesh (Appellate Division) Rules, 1988 Interview with Manzil Murshid, advocate of Supreme Court of Bangladesh, Dhaka, Aug. 17, 2007, at 8.00 p.m. Justice Kazi Ebadul Hoque, Administration of Justice in Bangladesh, Dhaka, 2003. Code of Conduct of the Judges of the Supreme Court of Bangladesh, Dhaka, May 2000.
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| 35e: In practice, the regulations restricting post-government private sector employment for national-level judges are effective. | ||||||||
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Comments: Article 99.of the Constitution states that- "1) Except as provided in clause (2), a person who has held office as a judge otherwise than as an additional judge shall not, after his retirement or removal therefrom, plead or act before any court or authority or hold any office or profit in the service of the Republic not being a judicial or quasi-judicial office 60a[or the office of chief adviser or adviser]. (2) 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." But there is no provision/ regulation restricting post-government private sector employment for national-level judges. References: Interview with G M Kader, former member of Parliament (MP), Dhaka, Sept. 6, 2007, at 10.30 a.m. (over phone). Interview with Lt. Col. (Rtd.) Farouque Khan, former member of Parliament (MP), Dhaka, Sept. 6, 2007, at 10.30 a.m. (over phone). The Supreme Court of Bangladesh (Appellate Division) Rules, 1988 Interview with Manzil Murshid, advocate of Supreme Court of Bangladesh, Dhaka, Aug. 17, 2007, at 8.00 p.m. Justice Kazi Ebadul Hoque, Administration of Justice in Bangladesh, Dhaka, 2003. BRAC University, Center for Governance Studies, The State of Governance in Bangladesh 2006, p-53-60, Dhaka, December 2006, www.cgs-bu.com
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| 35f: In practice, the regulations governing gifts and hospitality offered to members of the national-level judiciary are effective. | ||||||||
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Comments: References: Code of Conduct of the Judges of the Supreme Court of Bangladesh, Dhaka, May 2000. Transparency International, Berlin, 2004, National Integrity Systems Country Study Report: Bangladesh 2003. Interview with Manzil Murshid, advocate of Supreme Court of Bangladesh, Dhaka, Aug. 17, 2007, at 8.00 p.m. Justice Kazi Ebadul Hoque, Administration of Justice in Bangladesh, Dhaka, 2003.
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| 35g: In practice, national-level judiciary asset disclosures are audited. | ||||||||
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Comments: References: Transparency International, Berlin, 2004, National Integrity Systems Country Study Report: Bangladesh 2003. Interview with Manzil Murshid, advocate of Supreme Court of Bangladesh, Dhaka, Aug. 17, 2007, at 8.00 p.m.
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| 36 | Can citizens access the asset disclosure records of members of the national-level judiciary? | |||||||
| 36a: In law, citizens can access the asset disclosure records of members of the national-level judiciary. | ||||||||
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Comments: References: Code of Conduct of the Judges of the Supreme Court of Bangladesh, Dhaka, May 2000. The Supreme Court of Bangladesh (Appellate Division) Rules, 1988 Interview with Manzil Murshid, advocate of Supreme Court of Bangladesh, Dhaka, Aug. 17, 2007, at 8.00 p.m. Justice Kazi Ebadul Hoque, Administration of Justice in Bangladesh, Dhaka, 2003.
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| 36b: In practice, citizens can access judicial asset disclosure records within a reasonable time period. | ||||||||
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Comments: References: Interview with G M Kader, former member of Parliament (MP), Dhaka, Sept. 6, 2007, at 10.30 a.m. (over phone). Interview with Lt. Col. (Rtd.) Farouque Khan, former member of Parliament (MP), Dhaka, Sept. 6, 2007, at 10.30 a.m. (over phone). The Supreme Court of Bangladesh (Appellate Division) Rules, 1988 Interview with Manzil Murshid, advocate of Supreme Court of Bangladesh, Dhaka, Aug. 17, 2007, at 8.00 p.m. Justice Kazi Ebadul Hoque, Administration of Justice in Bangladesh, Dhaka, 2003.
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| 36c: In practice, citizens can access judicial asset disclosure records at a reasonable cost. | ||||||||
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Comments: References: Transparency International, Berlin, 2004, National Integrity Systems Country Study Report: Bangladesh 2003. Interview with G M Kader, former member of Parliament (MP), Dhaka, Sept. 6, 2007, at 10.30 a.m. (over phone). Interview with Manzil Murshid, advocate of Supreme Court of Bangladesh, Dhaka, Aug. 17, 2007, at 8.00 p.m.
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