Appellate Division
Appellate Division upholds HC order declaring interim govt valid
The Appellate Division on Thursday (December 04, 2025) upheld a High Court (HC) order that declared the swearing-in and formation of the interim government valid, dismissing a leave-to-appeal petition over the government.
A top court bench, led by Chief Justice Dr. Syed Refaat Ahmed, passed the order.
During Wednesday’s (December 03, 2025) hearing, Attorney General Md Asaduzzaman argued that the writ challenging the government’s legality was based on a mistaken notion.
Read more: Writ petition filed challenging provision of party symbols in the alliance's vote
Lawyers representing the government said that the formation of a government following a popular uprising cannot be questioned, and that raising doubts before the Supreme Court, which was reconstituted after the government took oath, is impermissible.
The petitioner’s counsel defended that during the August 5 uprising, the then Chief Justice and Appellate Division judges had sought shelter in the cantonment.
Consequently, under Article 106 of the Constitution, they were unable to provide the President with advice regarding government formation, rendering the current government’s oath-taking and formation process illegal.
In December last year, senior lawyer Mohsin Rashid first submitted a petition with the HC challenging the legality, which the court rejected, stating that the people’s approval legitimises the interim government and no one could question it.
Read more: Writ petition filed seeking stay on election activities
Following that, the petitioner sought leave to appeal in the Appellate Division, which was dismissed today (Thursday).
1 day ago
Caretaker Govt: Top court sets Nov 20 for delivering judgment
The Appellate Division on Tuesday (11th November 2025) fixed November 20 for delivering its judgment on two review petitions concerning the reinstatement of a non-partisan caretaker government system during elections.
The seven-member bench of the Appellate Division, led by Chief Justice Syed Refaat Ahmed, announced the date after hearing the two petitions.
Earlier, on August 27, the Appellate Division allowed the filing of an appeal against the verdict that abolished the caretaker government system. The hearing of the appeal to restore the caretaker government system began on October 21.
The caretaker system was introduced into the Constitution through the 13th Amendment in 1996. Later, three lawyers, including Advocate M Salim Ullah, filed a writ petition challenging the amendment in 1998.
Read more: No scope for holding next national election under caretaker govt: Shishir Manir
In 2005, the petitioner filed an appeal.
Acting on that appeal, a full bench of the Appellate Division, by a majority opinion, delivered a verdict on May 10, 2011, declaring the 13th Amendment null and void.
Following the verdict, the 15th Amendment Act, which abolished the caretaker government system along with several other changes, was passed in Parliament on June 30, 2011, with the gazette notification published on July 3 that year.
After the change of government, five prominent individuals, including Shushashoner Jonno Nagorik (SUJAN) Secretary Dr Badiul Alam Majumdar, filed an appeal on August 5 last year seeking a review of the verdict. The other petitioners were Tofail Ahmed, M Hafizuddin Khan, Zobairul Haq Bhuiyan and Zahra Rahman.
Meanwhile, BNP Secretary General Mirza Fakhrul Islam Alamgir filed a review petition on October 16, followed by another from Jamaat-e-Islami Secretary General Prof Mia Golam Parwar on October 23.
Read more: BNP sought impartial role, not caretaker govt: Law Adviser
24 days ago
Top court sets Sept 4 for verdict on Tarique, others in grenade attack case
The Appellate Division has set September 4 to deliver the final verdict on a petition filed challenging a High Court (HC) order that acquitted all convicts, including BNP acting Chairman Tarique Rahman, in the sensational August 21 grenade attack case.
A six-member bench, led by Chief Justice Dr Syed Refaat Ahmed, on Thursday fixed the date upon completion of appeal hearing.
On December 1 last year, the HC overturned the verdict of a lower court in two cases filed over the August 21 grenade attack, acquitting all convicts, including BNP's acting chairman Tarique Rahman and former state minister for home affairs Lutfozzaman Babar.
On March 19, the state filed an appeal against the HC verdict in the 21st August grenade attack case.
On July 31, the SC set August 13 to hear the petition filed challenging the HC order.
Grenade Attack Case: SC fixes Aug 13 to hear appeals againat acquittal of Tarique
For the past few days, the court heard the petition and finally set September 4 to deliver the verdict.
The grenade attack, a shocking incident, occurred on Dhaka's Bangabandhu Avenue on August 21, 2004.
On October 10, 2018, a speedy trial tribunal in Dhaka issued a verdict in one of the cases (pertaining to murder and explosives).
The tribunal sentenced 19 accused, including former state minister for home affairs Lutfozzaman Babar and former deputy education minister Abdus Salam Pintu, to death.
Grenade Attack Case: SC adjourns appeal hearing against acquittal of Tarique, Babar
Besides, 19 others, including BNP’s acting chairman Tarique Rahman, were handed life imprisonment sentences, while 11 accused received various terms of imprisonment and fines.
The judgment was subsequently transferred to the HC in 2018, registered as a death reference case.
3 months ago
Death-row convict Mobarak acquitted in war crimes case
The Appellate Division on Wednesday acquitted Mobarak Hossain, a death-row convict and expelled Awami League leader, in a case over crimes against humanity committed during the Liberation War.
A five-member tribunal, headed by Chief Justice Dr Syed Refaat Ahmed, passed the order.
Senior lawyer Barrister Imran Abdullah Siddique stood for the convict while Prosecutor Gazi MH Tamim represented the state during the hearing in the court.
Earlier, on July 22, the court set July 30 to deliver its verdict on the appeal filed by the convict challenging his death sentence.
He was convicted by the International Crimes Tribunal (ICT) on November 24, 2014 for atrocities committed in Brahmanbaria during the 1971 Liberation War.
The ICT handed down the judgment after finding two out of five allegations to be true.
Mobarak is now in jail.
Muradnagar rape: HC summons SP on failure to submit progress report
Mobarka served as the organising secretary of Mogra Union Awami League under Akhaura Upazila, Brahmanbaria District, until 2012. Later, he was expelled from the party.
Earlier on May 27 this year, the Appellate Division also acquitted death-row convict Jamaat-e-Islami leader ATM Azharul Islam in a war crimes case.
The following day, he was freed from Dhaka's Central Jail.
Two death-row convicts have been acquitted following the fall of the AL government on August 5 last.
4 months ago
SC clears way for Nagad administrator to continue work
The Appellate Division on Monday stayed an earlier order of the chamber court that had suspended the Bangladesh Bank’s decision to appoint an administrator to oversee operations at the mobile financial service (MFS) provider Nagad.
A five-member bench led by Justice Md Ashfaqul Islam of the Appellate Division passed the order following a hearing on a petition filed by Bangladesh Bank seeking withdrawal of the Chamber Judge’s stay order.
Following the court order, Bangladesh Bank’s counsel BM Elias Kachi told reporters that the Chamber Court had stayed the central bank’s decision to appoint an administrator at Nagad.
“That order has now been stayed by the Appellate Division. The administrator appointed earlier remains in place and with this order there is no legal bar to the continuation of his functions,” he said.
On August 21 last year, Bangladesh Bank issued an internal order appointing an administrator to Nagad.
Later, Md Shafayet Alam, an independent director of Nagad, challenged the legality of the appointment filing a writ petition with the High Court.
Nagad: ACC drive uncovers primary evidence of corrupt recruitment scheme
After a primary hearing on September 17 last year, the High Court issued a rule asking why the August 21 memo appointing an administrator without complying with Sections 31(1) and 31(2) of the 2004 Payment and Settlement Systems Act should not be declared ultra vires.
Upon completion of the final hearing, the High Court dismissed the rule on February 16 this year declaring the writ petition not maintainable.
Challenging the verdict, Shafayet Alam later filed a petition with the Appellate Division which was placed before the Chamber Judge on May 7.
The Chamber Court then stayed the High Court verdict for eight weeks and also stayed the administrator appointment, allowing the petitioner to file a regular leave to appeal.
Apex court declares appointment of administrator and board at Nagad illegal
Bangladesh Bank subsequently filed a petition seeking withdrawal of the Chamber Court’s stay order.
Senior lawyer Jamalur Rahman appeared for the petitioner during the hearing.
6 months ago
SC orders restoration of Jamaat's registration
The Appellate Division on Sunday directed the Election Commission (EC) to restore Jamaat-e-Islami’s registration, overturning a previous High Court (HC) verdict that had declared the party’s registration illegal.
A four-member bench of the Appellate Division, headed by Chief Justice Dr Syed Refaat Ahmed, passed the order.
In its observation, the court noted that it would be up to the EC to decide whether Jamaat can contest elections using the ‘Scale’ symbol.
The verdict came days after Jamaat’s senior leader, ATM Azharul Islam, previously sentenced to death for crimes against humanity committed during the 1971 Liberation War, was released following a Supreme Court judgment.
Jamaat’s counsel, Mohammad Shishir Manir, expressed satisfaction with the verdict, saying, “Today concludes a decade-long legal battle. We hope this ruling paves the way for a vibrant parliament and that voters will now be free to vote for the Jamaat candidate of their choice.”
He also expressed the hope that the EC would promptly resolve the party's registration and symbol-related issues.
According to legal experts, this ruling removes all existing legal barriers that had prevented the party from participating in national elections.
On August 1, 2013, the High Court had declared Jamaat’s registration illegal and void, following the disposal of a writ petition.
The EC subsequently issued a gazette notification on 7 December 2018, formally cancelling the party’s registration.
Jamaat later filed an appeal against the HC verdict. However, in November 2023, the Appellate Division—then led by Chief Justice Obaidul Hassan—dismissed the appeal by default as the party’s lead counsel failed to appear.
Consequently, the HC’s verdict remained in effect.
The Appellate Division revived Jamaat’s appeal on 22 October 2023. The hearing formally began on 12 March this year and, after several deferrals, concluded on 14 May.
The court then fixed 13 May for the verdict, which was delivered today.
6 months ago
BNP leader Aman, his wife acquitted in graft case
The Appellate Division on Wednesday acquitted BNP leader Amanullah Aman and his wife Sabera Aman in a corruption case filed by the Anti-Corruption Commission (ACC) over two decades ago.
A three-member bench of the Appellate Division, led by Acting Chief Justice Ashfaqul Islam, passed the order, cancelling the 13-year and 3-year prison sentences handed down to Aman and Sabera, respectively.
Barrister Mahbub Uddin Khokon represented the couple in the court, while lawyer Asif Hasan appeared for the ACC during the hearing.
Speaking to the media, Barrister Khokon said the apex court overturned the High Court's earlier verdict and cleared the couple of all charges.
Ayna Ghor was the biggest invention of fascist AL govt: Aman Ullah Aman
With this ruling, there is no legal bar for Amanullah Aman to contest future elections, he added.
The ACC had filed the case with Kafrul Police Station on March 6, 2007, accusing the couple of concealing wealth information and amassing assets beyond their known sources of income.
On June 21 that year, a special court in Dhaka sentenced Aman to 13 years in prison and Sabera to three years. The couple later challenged the verdict in the High Court, which acquitted them on August 16, 2010.
The ACC, however, appealed the acquittal.
Aman Ullah Aman gets acquittal in extortion case
On May 26, 2014, the Appellate Division scrapped the HC’s verdict and ordered a rehearing.
Following the rehearing, the High Court on May 30, 2023, upheld the initial convictions. The couple then appealed to the Appellate Division once more, which led to today’s final acquittal.
7 months ago
Appellate Division scraps charge framing against Dr Yunus in ACC graft case
The Appellate Division on Wednesday scrapped a lower court order to frame charges against Nobel Laureate Professor Muhammad Yunus and 13 others in a graft case filed by the Anti-Corruption Commission (ACC).
A six-member bench, led by Chief Justice Dr Syed Refaat Ahmed, passed the order after hearing a petition filed by the defendants, challenging a High Court (HC) verdict.
The case was filed on May 30, 2023, by then ACC Deputy Director Gulshan Anowar, accusing 14 people of misappropriating Tk 25.22 crore from the Employees Welfare Fund of Grameen Telecom.
The ACC approved charge submission on January 29 last year, with chargesheets formally submitted to a Dhaka court on February 1.
On June 8, the court ordered the framing of charges and scheduled a hearing for July 15.
ACC chairman seeks people's cooperation to build corruption-free Bangladesh
On July 8, Dr Yunus and others petitioned the HC to cancel the charge framing order, which was rejected on July 24.
Later, they filed a leave-to-appeal with the Appellate Division, which accepted the petition on October 21 and sought a concise statement.
Meanwhile, on August 11, the ACC submitted a plea to Dhaka Special Judge Court-4 seeking withdrawal of the case—just six days after former Prime Minister Sheikh Hasina fled the country amid a student-led mass uprising.
7 months ago
Top court halts Jamaat leader Azharul’s review petition hearing again
The Appellate Division on Tuesday stayed the hearing of a review petition submitted by death-row convict and Jamaat-e-Islami leader ATM Azharul Islam in cases over ‘crimes against humanity’ during the 1971 Liberation War till May 6.
A full bench headed by Chief Justice Dr Syed Refaat Ahmed deferred the hearing date for the third consecutive time, setting the fresh schedule.
Lawyers Ahsan A Siddik and Mohammad Shishir Manir stood for Azharul Islam in the court during the hearing.
Initially set for February 20, then rescheduled to February 25, the review hearing—despite being slated for today—has now been deferred by the apex court to May 6.
Jamaat Ameer vows to surrender if ATM Azharul remains jailed
Following his arrest, Jamaat-e-Islami leader ATM Azhar faced nine charges of “crimes against humanity”.
According to the chargesheet, he was “responsible” for killing 1,256 people, abducting 17, and raping 13 women during the Liberation War in the Rangpur region.
Besides, he was said to have tortured civilians, set fire to hundreds of houses and committed other atrocities.
The International Crimes Tribunal sentenced him to death on December 30, 2014, in five out of the nine charges.
On January 28, 2015, the death-row convict submitted a petition to the Appellate Division, claiming his innocence. Later, on July 19, 2020, Azharul Islam filed the review petition with the relevant branch of the Appellate Division.
Release Azharul Islam: Jamaat Ameer
Following an appeal hearing, the Appellate Division, under a bench led by then-Chief Justice Syed Mahmud, upheld the death penalty in a verdict delivered on October 23, 2019.
The full text of the Appellate Division’s verdict was released on March 15, 2020, after which ATM Azhar submitted the review petition.
7 months ago
2 justices sworn in as Appellate Division judges
Two High Court justices were sworn in as judges of the Appellate Division on Tuesday.
Chief Justice Dr Syed Refaat Ahmed administered the oath-taking ceremony at the Judges' Lounge of the Supreme Court at 10:30 am.
The newly appointed judges are Justice AKM Asaduzzaman and Justice Farah Mahbub, whose tenure began immediately after the oath.
HC Justice Khizir Hayat removed
The Ministry of Law issued a notification in this regard on Monday following the President’s approval.
8 months ago