Related Research Articles
Habeas corpus is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, to bring the prisoner to court, to determine whether the detention is lawful.
The Supreme Court of Pakistan is the apex court in the judicial hierarchy of the Islamic Republic of Pakistan.
The Constitution of Bangladesh, officially the Constitution of the People's Republic of Bangladesh is the supreme law of Bangladesh. The document provides the framework that demarcates the Bangladeshi republic with a unitary, parliamentary democracy, that enshrines fundamental human rights and freedoms, an independent judiciary, democratic local government and a national bureaucracy.
The Supreme Court of Bangladesh 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 November 2022, there are 6 Justices in Appellate Division and 95 Justices in High Court Division.
The High Court Division of the Supreme Court of Bangladesh popularly known as the 'High Court' is one of the two divisions of the Supreme Court of Bangladesh, the other division being the Appellate Division. It consists of the Chief Justice of Bangladesh and the Judges of the High Court Division.
In United States law, habeas corpus is a recourse challenging the reasons or conditions of a person's confinement under color of law. A petition for habeas corpus is filed with a court that has jurisdiction over the custodian, and if granted, a writ is issued directing the custodian to bring the confined person before the court for examination into those reasons or conditions. The Suspension Clause of the United States Constitution specifically included the English common law procedure in Article One, Section 9, clause 2, which demands that "The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it."
Mustafa Kamal was the 10th Chief Justice of Bangladesh. His landmark judgment was on the Masdar Hossain case, widely known as the 'separation of judiciary', which was a milestone in the quest for separation of power between the judiciary and the executive of the state. Kamal was a pioneer of alternative dispute resolution (ADR) in Bangladesh, and is considered by many as the 'father of ADR' in Bangladesh.
Bangladesh is a common law country having its legal system developed by the British rulers during their colonial rule over British India. The land now comprises Bangladesh was known as Bengal during the British and Mughal regime while by some other names earlier. Though there were religious and political equipments and institutions from almost prehistoric era, Mughals first tried to recognise and establish them through state mechanisms. The Charter of 1726, granted by King George I, authorised the East India Company to establish Mayor's Courts in Madras, Bombay and Calcutta and is recognised as the first codified law for the British India. As a part of the then British India, it was the first codified law for the then Bengal too. Since independence in 1971, statutory law enacted by the Parliament of Bangladesh has been the primary form of legislation. Judge-made law continues to be significant in areas such as constitutional law. Unlike in other common law countries, the Supreme Court of Bangladesh has the power to not only interpret laws made by the parliament, but to also declare them null and void and to enforce fundamental rights of the citizens. The Bangladesh Code includes a compilation of all laws since 1836. The vast majority of Bangladeshi laws are in English. But most laws adopted after 1987 are in Bengali. Family law is intertwined with religious law. Bangladesh has significant international law obligations.
The 1982 Bangladeshi military coup d'état deposed the civilian government headed by the President of Bangladesh Abdus Sattar and brought to power the Chief of Army Staff of the Bangladesh Army Lt. Gen. Hussain Muhammad Ershad. After serving initially as the Chief Martial Law Administrator, Ershad assumed the post of president in 1983 and ruled until 1990.
Secularism in Bangladesh is known as "neutrality of religion" under Bangladeshi law. In the Constitution of Bangladesh, secularism is mentioned in the preamble as one of the fundamental principles of Bangladeshi law. Article 8 enshrines secularism as one of the fundamental principles of state policy. Article 12 elaborates further on secularism and freedom of religion.
Surendra Kumar Sinha, commonly known as SK Sinha is a Bangladeshi lawyer and jurist who served as the 21st Chief Justice of Bangladesh. He resigned from the position in November 2017 amid the 16th amendment verdict controversy.
Md. Tafazzul Islam is a Bangladeshi who served as the 17th Chief Justice of Bangladesh.
Wong Wing v. United States, 163 U.S. 228 (1896), was a United States Supreme Court case in which the Court found that the Fifth and Sixth Amendments to the U.S. Constitution forbid the imprisonment at hard labor without a jury trial for noncitizens convicted of illegal entry to or presence in the United States.
The Constitution of the People's Republic of Bangladesh was adopted and enacted on 4 November 1972, after the victory of the independent country on 16 December 1971. As of 2018 the Constitution has been amended 17 times. Amending the Constitution of Bangladesh is the process of making changes to the nation's fundamental law or supreme law.
Secretary, Ministry of Finance v Masdar Hossain (1999) 52 DLR (AD) 82 is a case of the Appellate Division of the Supreme Court of Bangladesh. The case concerned the separation of powers in Bangladesh. It is popularly known as the Masdar Hossain case.
Aruna Sen v. Government of Bangladesh (1975) 27 DLR (HCD) 122 is a case of the High Court Division of the Supreme Court of Bangladesh. The case concerns unlawful detention under the Special Powers Act, 1974 (SPA). The judgement set a precedent for invalidating most detentions under the SPA.
The term judicial review is not expressly used in Bangladeshi law, but Article 102 of the Constitution of Bangladesh allows writ petitions to be filed at the High Court Division for reviewing the actions of public authorities, or suspending proceedings in lower courts. The article has caused significant judicial activism in Bangladesh. In the 1970s, Article 102 was employed by the courts to set a precedent for invalidating detentions under the Special Powers Act. The courts have struck down constitutional amendments and enforced democratic local government under Article 102. The scope of such judicial review has expanded greatly since Justice Mustafa Kamal formally accepted public interest litigation for the first time in 1996, allowing associations and NGOs espousing the public's cause to file for judicial review.
Bangla Bhasha Procholon Ain, 1987 is an Act by the Government of Bangladesh to implement and enforce the article 3 of the Constitution of Bangladesh. It is the 2nd Act of 1987. According to this act, all records and correspondences, laws, proceedings in court and other legal actions must be written in the Bengali language in all courts, government or semi-government offices, and autonomous institutions in Bangladesh.
The Fifth Amendment to the Constitution of Bangladesh inserted "In the name of Allah, the Beneficent, the Merciful" at the beginning of the constitution and validated all laws made by military rulers following the 15 August 1975 Bangladesh coup d'état. It was passed in 1979 under a parliament led by President Ziaur Rahman. The amendment fundamentally altered the nature of the constitution of Bangladesh. The amendment was declared illegal in a verdict of the Supreme Court in 2010. The Fifteen Amendment to the Constitution of Bangladesh, passed in 2011, restored secularism.
Muhammad Imman Ali is a justice in the Appellate Division of the Bangladesh Supreme Court.
References
- ↑ "5th Amendment: A critical analysis". Law & Our Rights. The Daily Star. Retrieved 2017-07-11.
- ↑ "Microsoft Word - C.P. Nos. 1044 & 1045 of 2009 _5th Amendment_ Final 25.7.1..." (PDF). Retrieved 2017-07-11.
- ↑ Julfikar Ali Manik and Ashutosh Sarkar. "Martial law stays illegal for good". The Daily Star. Retrieved 2017-07-11.