Secretary, Ministry of Finance v. Masdar Hossain

Last updated
Secretary, Ministry of Finance v. Masdar Hossain
Court Supreme Court of Bangladesh
Court membership
Judges sittingChief Justice Mustafa Kamal
Justice Latifur Rahman
Justice Bimalendu Bikash Roy Choudhury
Justice Mahmudul Amin Choudhury

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. [1]

Contents

Facts

In 1995, a writ petition was filed by Masdar Hossain, a district judge, [2] on behalf of 441 other civil court judges. The petition put forward the following points:-

The Dhaka High Court ruled in favor of the petition with a 12-point directive in 1997. The government appealed to the Appellate Division of the Supreme Court.

Judgment

In 1999, the Supreme Court reversed parts of the High Court ruling but upheld the 12-point directive. It issued a further 12-point directive. The Supreme Court called for the formation of an independent judicial commission to select judiciary members, deal with matters of judicial salaries, and manage discipline. The Supreme Court ruled that the Constitution provided a framework for judicial independence. [3]

Significance

The verdict led to the formation of the Bangladesh Judicial Service Commission. It was implemented by Chief Advisor Fakhruddin Ahmed during the caretaker administration in 2007.

See also

Related Research Articles

<span class="mw-page-title-main">Judicial independence</span> Concept that the judiciary should be independent

Judicial independence is the concept that the judiciary should be independent from the other branches of government. That is, courts should not be subject to improper influence from the other branches of government or from private or partisan interests. Judicial independence is important for the idea of separation of powers.

<span class="mw-page-title-main">Supreme Court of Pakistan</span> Highest authority court of Pakistan

The Supreme Court of Pakistan is the apex court in the judicial hierarchy of the Islamic Republic of Pakistan.

<span class="mw-page-title-main">Supreme Court of the Philippines</span> Highest court in the Philippines

The Supreme Court (Filipino: Kataas-taasang Hukuman; colloquially referred to as the Korte Suprema, is the highest court in the Philippines. The Supreme Court was established by the Second Philippine Commission on June 11, 1901 through the enactment of its Act No. 136, an Act which abolished the Real Audiencia de Manila, the predecessor of the Supreme Court.

The federal judiciary of the United States is one of the three branches of the federal government of the United States organized under the United States Constitution and laws of the federal government. The U.S. federal judiciary consists primarily of the U.S. Supreme Court, the U.S. Courts of Appeals, and the U.S. District Courts. It also includes a variety of other lesser federal tribunals.

<span class="mw-page-title-main">Supreme Court of Bangladesh</span> Highest court of Bangladesh

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 August 2024, there are 6 justices in the Appellate Division and 78 justices in the High Court Division.

<span class="mw-page-title-main">Supreme court</span> Highest court in a jurisdiction

In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, and highcourt of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of a supreme court are binding on all other courts in a nation and are not subject to further review by any other court. Supreme courts typically function primarily as appellate courts, hearing appeals from decisions of lower trial courts, or from intermediate-level appellate courts. A supreme court can also, in certain circumstances, act as a court of original jurisdiction.

<span class="mw-page-title-main">Oklahoma Court on the Judiciary</span>

The Oklahoma Court on the Judiciary is one of the two independent courts in the Oklahoma judiciary and has exclusive jurisdiction in adjudicating discipline and hearing cases involving the removal of a judge from office, excluding the Oklahoma Supreme Court, exercising judicial power under the Oklahoma Constitution.

Mustafa Kamal was the 9th 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.

<span class="mw-page-title-main">Judiciary of India</span> National court system

The judiciary of India is the system of courts that interpret and apply the law in the Republic of India. The Constitution of India provides concept for a single and unified judiciary in India. India uses a mixed legal system based majorly on the common law system with civil laws applicable in certain territories in combination with certain religion specific personal laws.

<span class="mw-page-title-main">Law of Bangladesh</span>

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 Judiciary of California or the Judicial Branch of California is defined under the California Constitution as holding the judicial power of the state of California which is vested in the Supreme Court, the Courts of Appeal and the Superior Courts. The judiciary has a hierarchical structure with the California Supreme Court at the top, California Courts of Appeal as the primary appellate courts, and the California Superior Courts as the primary trial courts.

The judiciary of Illinois is the unified court system of Illinois primarily responsible for applying the Constitution and law of Illinois. It consists of the Supreme Court, the Appellate Court, and circuit courts. The Supreme Court oversees the administration of the court system.

The judiciary of Somaliland is the judicial branch of the Somaliland government.

<span class="mw-page-title-main">Amendments to the Constitution of Bangladesh</span> Bangladeshi constitutional history

The Constitution of the People's Republic of Bangladesh was adopted by the Constituent Assembly on 4 November 1972 and became effective on 16 December 1972 one year after Bangladesh's victory in the War of Liberation. As of 2018 the Constitution has been amended 17 times. The procedure for amendments is demarcated in Article 142, a bill must be presented in the Jatiya Sangsad with the support of no less than two-thirds of all its members . Amending the Constitution of Bangladesh is the process of making changes to the nation's supreme law.

<span class="mw-page-title-main">Judiciary of Bangladesh</span> Bangladeshi judicial system

The Judiciary of Bangladesh or Judicial system of Bangladesh is based on the Constitution and the laws are enacted by the legislature and interpreted by the higher courts. Bangladesh Supreme Court is the highest court of Bangladesh. The jurisdiction of the Supreme Court of Bangladesh has been described in Article 94(1) of the Constitution of Bangladesh. It consists of two divisions, the High Court Division and the Appellate Division. These two divisions of the Supreme Court have separate jurisdictions.

The judiciary of the Philippines consists of the Supreme Court, which is established in the Constitution, and three levels of lower courts, which are established through law by the Congress of the Philippines. The Supreme Court has expansive powers, able to overrule political and administrative decisions, and with the ability to craft rules and law without precedent. It further determines the rules of procedure for lower courts, and its members sit on electoral tribunals.

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.

Bangladesh Judicial Service Association (BJSA) (Bengali: বাংলাদেশ জুডিসিয়াল সার্ভিস এসোসিয়েশন is a professional association of Judges and Magistrates of Bangladesh.

Md. Hasan Amin is a former Justice of the High Court Division of the Bangladesh Supreme Court.

Masdar Hossain is a former district judge known for being the plaintiff in the landmark legal case Secretary, Ministry of Finance v. Masdar Hossain. He was the Speedy Trial Tribunal-1 Judge.

References

  1. Professor M Rafiqul Islam. "Independence of the judiciary- the Masdar case". The Daily Star. Retrieved 2017-07-11.
  2. "Masdar Hossain says judiciary is free now". bdnews24.com. 2007-02-12. Retrieved 2017-07-11.
  3. "Secretary, Ministry of Government of Bangladesh Vs. Md. Masdar Hossain & others - The Lawyers & Jurists". Lawyersnjurists.com. 2011-05-03. Retrieved 2017-07-11.