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Chairman  :

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

Lincolns 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, Peoples 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, Peoples Republic of Bangladesh

Chief Justice of Bangladesh

 

September 2010 - May 2011

 

-  Employer

-  Post title:   

 

-Other information:

President, Peoples 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, Peoples 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, Peoples Republic of Bangladesh

Judge, Appellate Division of the Supreme Court of Bangladesh 

 

 

 

April 1998 - July 2009

 

-  Employer

-  Post title:   

-  Other information:

President, Peoples 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 Honble 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 15th 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

 

 

===========================================================

Member

Justice A.T.M. Fazle Kabir

Law Commission

Former chairman of International Crimes Tribunal-1

 

He was born in 1947 at village Chamagram under Chapai-Nawabganj Sador Police station. He passed S.S.C and H.S.C in 1963 and 1965 respectively and obtained B.A. degree in 1967 from Rajshahi University. He took L.L.B degree from Dhaka University  and joined the Advocate's Bar of Chapai-Nawabganj in 1973. He qualified in the B.C.S (Judicial) Examination and joined in the Judicial Service as Munsif in 1975. He served as the Divisional Special Judge, Rajshahi and also served as District and Sessions Judge of Sirajganj, Gaibandha, Khulna and Dhaka with reputation. In 2002 he made a study tour in America and England and visited its Supreme Courts an well as some Subordinate Courts.  He was elevated as the Judge of the High Court Division of the Supreme Court of Bangladesh in 2003.

 

            While he was sitting Judge of the High Court Division, was appointed as the Judge of the International Crimes Tribunal in 2010. As a Judge of the Tribunal he visited Cambodia International Crimes Tribunal and International Criminal Court (ICC) along with other Tribunals for Yugoslavia and Lebanon situated at Hague, Netherlands in 2011. He served as the Chairman of both the war-crimes Tribunals and retired from the service on 01 January, 2014.

 

            He was appointed as a Member of Law Commission and at present working there Since 23 January, 2014. He also visited India, UAE, Thailand, Belgium, Sweden and Finland.       

 

 

 

===========================================================

Member:
Dr.M. Shah Alam   

Dr. M. Shah Alam, a professor of law at the University of Chittagong, and currently on deputation in Dhaka as a member of the Bangladesh Law Commission, received his primary education at his village school in Munshigonj. He received his secondary and higher secondary education at a local high school and Rajshahi Cadet college, and passed SSC and HSC examinations with distinction in 1968 and 1970 respectively. He briefly studied economics in the University of Dhaka when Bangladesh War of Liberation started, in which he participated actively. After the liberation, he went to former USSR on scholarship for higher studies. He studied there for ten years in Moscow Peoples Friendship University, obtaining graduation, post-graduation and Ph.D. degrees in law specializing in international law.   Upon completion of higher studies, Dr. Shah Alam joined Rajshahi University Faculty of Law as an assistant professor, where he served for ten years. In 1992 he joined the Chittagong University as an associate professor and as the founder Dean of the reorganized Faculty of Law and founder Chairman of the Department of Law. One of the pioneers of clinical legal education in Bangladesh, he introduced this particular method of legal education in the Chittagong University. In 1996 he became a full professor of law. During 1999-2000 he worked as a member of the Bangladesh Law Commission.   Dr. Alam has published four books on international law and constitutional law, and has edited for several years the Chittagong University Journal of Law. He has a good number of publications in reputed research journals at home and abroad. He was a Japan Foundation Fellow in 1995-96 at the Tokyo University Faculty of Law and a Senior Fulbright Fellow in 2001-2002 at the New York University School of Law. Occasionally, Dr. Alam writes for national dailies on current issues of law.    

For Contact: 

                Phone-9559004.

                Mobile: 01754209513

                email: shahaamcu50@gmail.com 

                        

 

 

   

Who was who in Law Commission  

  Chairman of the Commission:

1. Justice F K M A Munim              Chairman           from            08.08. 1996 to 31.12.1997 

   2. Justice Kemal Uddin Hossain                                                  02.03.1998 to 01.03.2001

3.          3. Justice A T M Afzal                                                                   01.08.2001 to 31.07.2004

4.         4.  Justice Mostafa Kamal                                                                06.12.204 to 05.12.2007

5.         5. Justice Md. Abdur Rashid                                                          21.04.2009 to 07.10.2010 

            6. Dr. Shah Alam                                         ....                        ....           24.10.2010 to 3.07.2013 

  7.   Justice A.B.M. Khairul Haque     ....                        ....            24.08.2013 to  

 

 

Members of the Commission:

               1.       Justice Naimuddin Ahmed              from                       25.05.1996 to 26.06.2003

2.       Justice Amin-Ur-Rahman                                    23.09.1996 to  23.10.1998

3.       Dr. Shah Alam                                                          24.05.1999 to 14.06.2000

4.       Justice Bimalendu Bikash Roy Chowdhury            13.12.2000 to 15.07.2001

5.       Justice A K M Sadeq                                                   09.08.2001 to 08.08.2004

6.       Justice Sirajul Islam                                                     22.04.2004 to 09.03.2009

7.       Dr. M Enamul Huq      (Ex IG)                                    29.11.2004 to 28.11.2007

8.       Sunil Chandra Paul                                                    25.05.2009 to 09.01.2011

9.       Dr. Shah Alam                                                          24.06.2009- to ...

 

 


   
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