NAME:

A.B.M. KHAIRUL HAQUE

DATE of BIRTH

18 May 1944  

NATIONALITY:

Bangladeshi

LANGUAGES :

Mother tongue : BENGALI  

ENGLISH:

(written) Advanced

(oral) Advanced

EDUCATIONAL QUALIFICATIONS:

July 1975

-          Institution

Lincoln�s Inn, London, UK

-          Qualification (s) obtained:

Barrister-at-Law

1969

-          Institution

University of Dhaka, Bangladesh

-          Qualification (s) obtained:

LL.B    

PROFESSIONAL  EXPERIENCE:

July 24, 2016 - Present

July 24, 2013 - June 23, 2016

-  Employer

-  Post title:   

-  Other information:

President, People�s Republic of Bangladesh

Chairman, Law Commission of Bangladesh  

March 2014 - December 2014

-  Employer

-  Post title:   

-  Other information:

International Labour Organization (ILO)

Commissioner, Rana Plaza Claims Commission

In April 2013, an industry known as �Rana Plaza� collapsed in Bangladesh. The death toll was more than a thousand and more than two thousand people were injured. A special fund known as Rana Plaza Trust Fund of 30 million USD has been created with the assistance of the International Labour Organization (ILO) for rehabilitation of more than 3000 people who were injured and also for the next of kin of about twelve hundred people who died in the collapse of the multistoried building. As the appointed Claims Commissioners of ILO entrusted to allocate the above noted amount.  

 September 2010 -  May 2011

-  Employer

-  Post title:   

-  Other information:  

President, People�s Republic of Bangladesh

Chief Justice of Bangladesh  

September 2010 - May 2011

-  Employer

-  Post title:   

-Other information:

President, People�s Republic of Bangladesh

Chairman (Ex-officio), Board of Management of Judicial Administration Training Institute 

To train Judges

March 2010 - May 2011

-  Employer

-  Post title:   

  -Other information:

President, People�s Republic of Bangladesh

Chairman of the Judicial Service Commission of Bangladesh (BJSC)

To recruit candidates, having graduate or post-graduate degree in Law, for the judicial service in Bangladesh. Those who would be qualified in the examination conducted by BJSC, will first be appointed either as the Assistant Judge or Judicial Magistrate at the start of the judicial hierarchy. In course of time, they may even be elevated as a judge of the Supreme Court.

July 2009 to  May 2011

-  Employer

-  Post title:   

-  Other information:

President, People�s Republic of Bangladesh

Judge, Appellate Division of the Supreme Court of Bangladesh 

April 1998 - July 2009

-  Employer

-  Post title:   

-  Other information:

President, People�s Republic of Bangladesh

Judge, High Court Division of Supreme Court of Bangladesh 

1982 - April 1998

-  Employer

-  Post title:   

-  Other information:

Advocate, Appellate Division of Supreme Court of Bangladesh 

1976 - April 1998

-  Employer

-  Post title:   

-  Other information:

Advocate, High Court Division of Supreme Court of Bangladesh 

1970 - 1976

-  Employer

-  Post title:   

-  Other information:

Advocate, District Judges� Court of Dhaka, the than East Pakistan and thereafter Bangladesh. 

1985 - April 1998

-  Employer

-  Post title:   

-  Other information:

Investment Corporation of Bangladesh

Legal Adviser

Many legal problems of banks and suits for recovery of outstanding dues of the defaulting debtors were conducted as adviser

1987 - April 1998

-  Employer

-  Post title:   

-  Other information:

Sonali Bank Limited

Legal Adviser

-Do-

1995 - 1998

-  Employer

-  Post title:   

-  Other information:

Janata Bank Limited

Member of the Penal of Advocates

Many legal problems of the banks and suits for recovery of outstanding dues of the defaulting debtors were conducted the panel of advocates.

1993 - 1998

-  Employer

-  Post title:   

-  Other information:

Rupali Bank Limited

Member of the Penal of Advocates

-Do-

1978 - 1987

-  Employer

-  Post title:   

-  Other information:

University of Dhaka, Bangladesh

Adjunct Professor of Law

Taught Law of Contract, Roman Law, Fiscal Law, Mercantile Law and Company Law in different academic years.

OTHER PROFISSIONAL ACTIVTIES:

-          2010 - Study Tour in Australia for Case Management Study including Backlog of Cases and Suits.

MOST RELEVANT PUBLICATIONS

(Some of the notable judgments published in various law reports and  journals of Bangladesh)

1.      State Vs. Lieutenant Colonel Syed Farook Rahman and 14 Others

 (Death Reference No. 30 of 1998 with Criminal Appeal Nos. 2604, 2613, 2616 and 2617 of 1998)

Reported in The Bangladesh Law Times, Special Issue, 2001

Sheikh Mujibur Rahman, the founding father of Bangladesh, was brutally murdered, with most of his family members, by a section of disgruntled soldiers.  However, by an Ordinance and secondly, by an amendment of the Constitution (Fifth Amendment, 1979), the killers were given indemnity and even the trials were stalled. Heard the concerned death reference in respect of the above noted murders and upheld the conviction of all 15 (fifteen) convicts in the year 2000.

2.      Bangladesh Italian Marble Works Limited Vs. Government of           Bangladesh and others

(Fifth Amendment case)

Writ Petition No. 6016 of 2000

Reported in The Bangladesh Law Times, Special Issue, 2006

As the presiding Judge, declared the Fifth Amendment of the Constitution, ratifying all acts under the Martial Law, ultra vires the Constitution.

3.      Gulshan Society Vs. Bangladesh

                (Writ Petition No. 2999 of 2009)

Reported in 15 MLR (HCD) (2010) 458

 Directions were given to remove pollutants from Gulshan Lake, Dhaka.

4.      Shamima Sultana Seema Vs. Government of Bangladesh

Writ Petition No. 3304 of 2003

Reported in 14 BLT (HCD) (2006) 33

The equal rights and status of men and women were affirmed, holding that they are all born with their basic rights, the Constitution only recognized and reaffirmed those existing rights of the homo sapiens.

5.      Human Rights and Peace for Bangladesh Vs. Bangladesh

 (Writ Petition No. 3503 of 2009)

Reported in 2009 (XVII) BLT (HCD) 455

          In this public interest litigation on pollutions, directions were given to    remove all kinds of pollutants from all four rivers, in and around the city of Dhaka.

     6.      Major General K.M. Shafiullah (Retd.) and another Vs. Bangladesh

(Writ Petition No. 4313 of 2009)

Reported in The Bangladesh Law Times, Special Issue, 2009

In this Public Interest Litigation, declarations were given for the protection of historical places, specifically, numerous unmarked graveyards, wells and ditches where millions of dead bodies were systematically dumped during the war of liberation in Bangladesh in 1971.

7.      Special Reference No. 1 of 2009

Reported in 2009 XVII BLT (AD) 315

The Hon�ble President of Bangladesh, made a Reference to the Appellate Division, seeking opinion about the procedure for the trial of the huge number of accused persons involved in the carnage occurred in the Head-quarters of Bangladesh Rifles where seventy three persons including fifty-seven officers of the armed forces were brutally killed. Three of us out of eleven Judges of the Appellate Division, gave the opinion.

8.      Mohammad Tayeeb Vs. Government of Bangladesh

(Civil Appeal Nos. 593-594 of 2001)

Reported in 23 BLT (AD) (2015) 10

    �Fatwa� a phrase generally used by Islamic clerics, often causes trouble and humiliation for the concerned women. The Appellate Division (the apex Court in Bangladesh), declared on 12.05.2011 that fatwa is only a mere opinion and nothing more; it is only advisory and not at all binding on anybody; it can never be used as a coercive instrument. It was further declared that the society which does not honour its women cannot be called civilized.

9.      Siddique Ahmed Vs. Government of Bangladesh

             (Seventh Amendment Case)

Civil Appeal No. 48 of 2011

Reported in 65 DLR (AD) (2013) 8

    Constitution cannot be violated on any excuse. Its violation, if any, is gravest of all offences and shall remain illegitimate for all time to come.

In this appeal, five earlier Judgments passed by the Appellate Division, were   overruled.

10.  Manjur Ahmed Bhuiyan Vs. Adilur Rahman Khan

                         (Truth Commission Case)

Civil Petition No. 1816 of 2010)

Reported in 21 BLT (AD) (2013) 97

The Rule of Law was glorified and the doctrine of �necessity� was put to an end.

11.  Abdul Mannan Khan Vs. Bangladesh

                   (Thirteenth Amendment Case)

Civil Appeal No. 139 of 2005 with Civil Petition No. 596 of 2005

Reported in 64 DLR AD (2012) 169

       In the Thirteenth Amendment of the Constitution Case (2011), the concept of unelected Caretaker Government was declared ultra vires to the Constitution since it was against the principle of democracy which is a basic feature of the Constitution of Bangladesh.

MOST RELEVANT SEMINARS

-          March 2015 - Chief Guest and Speaker of Seminar on �Law and Bangla Language� organized by Gono University of Bangladesh

-          February 2015 - Deliver Speech as Special Guest of Biannual Conference organized by Bangladesh History Congress

-          January 2015 - Delivered Speech on �Rethinking Political Economy and Development� organized by Bangladesh Economic Association

-          November 2014 - Delivered Speech as Chief Guest in the  National Seminar on �Separation of Powers and Independence of Judiciary� organized by Bangladesh Law Association

-          November 17-18,  2014 - Key Speaker of Closing Session of �Regional Seminar towards a South Asian Human Rights Mechanism: Prospects and Challenges� organized by National Human Rights Commission of Bangladesh 

-          November 2014 - Delivered Speech as Chief Guest of International Conference on �Language and Lingual Policy of Bangladesh� organized by Institute of Bangladesh Studies (IBS), University of Rajshahi

-          April 2014 - Delivered Speech as Chief Guest of National Seminar organized by Dhaka University Philosophy Department Alumni Association

-          June 2013 - Jahanara Imam Memorial Lecture on �Constitutional Crisis in Pakistan and Emergence of Bangladesh� organized by Committee for Elimination of War Criminals and Collaborators

-          October 2014 - Justice K. M. Sobhan and Professor K. A. A. Kamruddin Memorial Lecture on �Human Rights and Religion� at 15^th Human Rights Summer School organized by Empowerment through Law of the Common People (ELCOP)

-          2009 - Malta - International Seminar on �Child Law�

-          1994 - Nepal - International Seminar on �Borrowers Duty and Obligations�

MEMBERSHIP OF PROFISSIONAL ASSOCIATIONS AND SOCITEIES

-          Life Member, Bangla Academy

-          Life Member, Asiatic Society of Bangladesh

-          Honorary Member, Economic Association of Bangladesh

-          1976- Member, the Supreme Court Bar Association, Bangladesh.

-          1970-Member, Dhaka District Bar Association, the then East Pakistan

-          1970-Member, the then East Pakistan Bar Council, Dhaka

AWARDS AND HONOURS

-          2015 - Honorary Fellow of Bangla Academy

OTHER RELEVANT FACTS

Delivered about 800 (eight hundred) Judgments on constitutional, criminal and civil matters, in both the Divisions of the Supreme Court of Bangladesh

PERSONAL INTERESTS

Reading books, listening music, gardening