Surendra Kumar Sinha: Difference between revisions

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{{Infobox judge
{{Infobox judge
|honorific-prefix = [[The Honourable]] Chief Justice
|honorific-prefix = [[The Honourable]] Chief Justice
| name =Surendra Kumar Sinha
| name =Surendra Kumar Sinha
| native_name= সুরেন্দ্র কুমার সিনহা
| native_name= সুরেন্দ্র কুমার সিনহা
| native_name_lang = bn
| native_name_lang = bn
| office = [[Chief Justice of Bangladesh]]
| office = [[Chief Justice of Bangladesh]]
| term_start = 17 January 2015
| term_start = 17 January 2015
| term_end =
| term_end =
| nominator =
| appointer = [[President of Bangladesh]]
| appointer = [[President of Bangladesh]]
| predecessor = [[Md. Muzammel Hossain]]
| predecessor = [[Md. Muzammel Hossain]]
| successor =
| successor =
| office2 = Judge at [[Supreme Court of Bangladesh]]
| term_start2 = 16 July 2009
| term_end2 =
| nominator2 =
| appointer2 =
| predecessor2 =
| successor2 =
| birth_date = {{Birth date and age|1951|2|1|df=y}}
| birth_date = {{Birth date and age|1951|2|1|df=y}}
| birth_place = Tilakpur, [[Kamalganj Upazila|Kamalganj]], [[Sylhet]], [[East Bengal]], [[Dominion of Pakistan]]
| birth_place = Tilakpur, [[Kamalganj Upazila|Kamalganj]], [[Sylhet]], [[East Bengal]], [[Dominion of Pakistan]]
| death_date =
| death_place =
| nationality = Bangladeshi
| nationality = Bangladeshi
| spouse =
| party = 2
| father = Lalit Mohan Sinha
| mother = Dhanabati Sinha
| children =
| residence = Dhaka, Bangladesh
| alma_mater = [[University of Chittagong]]
| alma_mater = [[University of Chittagong]]
| occupation =
| profession = Judge
| profession = Judge
| signature =
| signature_alt =
| website =
| footnotes =
}}
}}


'''Surendra Kumar Sinha''' (born 2 February 1951) is the current and 21st [[Chief Justice of Bangladesh]].<ref>{{cite web|url=http://www.supremecourt.gov.bd/nweb/?page=chief_justice.php|title=Home : Supreme Court of Bangladesh |publisher=supremecourt.gov.bd |date= |accessdate=29 March 2016}}</ref><ref>{{cite news |title=Surendra Kumar Sinha takes oath as the 21st Chief Justice of Bangladesh |url=http://bdnews24.com/bangladesh/2015/01/17/surendra-kumar-sinha-takes-oath-as-the-21st-chief-justice-of-bangladesh |newspaper=bdnews24.com |accessdate=22 July 2015}}</ref>
'''Surendra Kumar Sinha''' (born 2 February 1951) is the current and 21st [[Chief Justice of Bangladesh]].<ref name=sc>{{cite web|url=http://www.supremecourt.gov.bd/web/?page=chief_justice.php&menu=11|title=Hon'ble Chief Justice of Bangladesh |publisher=Supreme Court of Bangladesh |accessdate=13 October 2017}}</ref><ref>{{cite news |title=Surendra Kumar Sinha takes oath as the 21st Chief Justice of Bangladesh |url=http://bdnews24.com/bangladesh/2015/01/17/surendra-kumar-sinha-takes-oath-as-the-21st-chief-justice-of-bangladesh |newspaper=bdnews24.com |accessdate=22 July 2015}}</ref>


==Early life and education==
==Early life and education==
Sinha was born in a [[Bisnupriya Manipuri Society|Bisnupriya Manipuri]] family in Moulvibazar District in 1951 to his parents Lalit Mohan Sinha and Dhanabati Sinha. He obtained [[Bachelor of Laws]] degree in 1974 from [[University of Chittagong]].{{citation needed|date=August 2017}}
Sinha was born in the present [[Moulvibazar District]] in 1951 to Lalit Mohan Sinha and Dhanabati Sinha.<ref name=sc/> He obtained [[bachelor of laws]] degree in 1974 from the [[University of Chittagong]].<ref name=sc/>


==Career==
==Career==
Sinha enrolled as an advocate of the District Court, [[Sylhet]] in 1974 and practiced in that court under the guidance of two civil and criminal lawyers and conducted sessions trial cases independently till the end of 1977.<ref>{{cite news |title=Surendra Kumar Sinha appointed next chief justice of Bangladesh|url=http://timesofindia.indiatimes.com/world/south-asia/Surendra-Kumar-Sinha-appointed-next-chief-justice-of-Bangladesh/articleshow/45855562.cms |newspaper=The Times of India |publisher=Bennett, Coleman & Co. Ltd |accessdate=22 July 2015}}</ref> He obtained the permission to practice before the High Court Division and Appellate Division of the [[Supreme Court of Bangladesh]] in 1978 and 1990 respectively. During this period, he worked with lawyer Sabita Ranjan Pal as his associate till his appointment as an Additional Judge of the High Court Division.
Sinha enrolled as an advocate of the District Court, [[Sylhet]] in 1974 and practiced in that court under the guidance of two civil and criminal lawyers and conducted sessions trial cases independently till the end of 1977.<ref name=toi>{{cite news |title=Surendra Kumar Sinha appointed next chief justice of Bangladesh|url=http://timesofindia.indiatimes.com/world/south-asia/Surendra-Kumar-Sinha-appointed-next-chief-justice-of-Bangladesh/articleshow/45855562.cms |newspaper=The Times of India |publisher=Bennett, Coleman & Co. Ltd |accessdate=22 July 2015}}</ref> He obtained the permission to practice before the High Court Division and Appellate Division of the [[Supreme Court of Bangladesh]] in 1978 and 1990 respectively.<ref name=toi/>


Sinha was elevated as a Judge of the High Court Division on 24 October 1999. On 16 July 2009 he was appointed Judge of the Appellate Division of the Supreme Court of Bangladesh.<ref>{{cite web |last1=NITI PTI BOT |title=Bangladesh appoints Surendra Kumar Sinha as new chief justice |url=http://www.niticentral.com/2015/01/12/bangladesh-appoints-surendra-kumar-sinha-as-new-chief-justice-296178.html |website=niticentral.com |accessdate=22 July 2015}}</ref> He assumed the office of the chairman of the [[Bangladesh Judicial Service Commission]] in June 2011 and the office of the [[Chief Justice of Bangladesh]] on 17 January 2015.
Sinha was elevated as a judge of the High Court Division on 24 October 1999. On 16 July 2009 he was appointed judge of the appellate division of the Supreme Court of Bangladesh.<ref>{{cite web |last1=NITI PTI BOT |title=Bangladesh appoints Surendra Kumar Sinha as new chief justice |url=http://www.niticentral.com/2015/01/12/bangladesh-appoints-surendra-kumar-sinha-as-new-chief-justice-296178.html |website=niticentral.com |accessdate=22 July 2015}}</ref> He assumed the office of the chairman of the [[Bangladesh Judicial Service Commission]] in June 2011 and the office of the [[Chief Justice of Bangladesh]] on 17 January 2015.


Sinha attended several conferences regarding judicial affairs.<ref>{{cite news | url=http://economictimes.indiatimes.com/news/international/world-news/bangladesh-appoints-surendra-kumar-sinha-as-new-chief-justice/articleshow/45852712.cms | title=Bangladesh appoints Surendra Kumar Sinha as new Chief Justice | work=Economic Times | date=12 January 2015 | accessdate=12 January 2015}}</ref>
Sinha represented the Chief Justice of Bangladesh in "3rd International Conference of the Chief Justices of the World" held in [[Lucknow]], India in 2002 and presented there a paper on "Fostering respect for International Law". He participated in the "Judicial Training Programme for the Senior Judges of Bangladesh" held in [[Seoul]], [[Korea]] in 2006. In response to an invitation from [[Korea International Cooperation Agency]] (KOICA), he participated in different Seminars on "Judicial Development Programme (Bangladesh)" from 30 August to 14 September 2010 held in Seoul, Korea and presented a keynote on "Judicial Development of Bangladesh".


Sinha is known for a number of high-profile judgments including those on the killing of former President [[Sheikh Mujibur Rahman]] and the 5th and 13th amendments to the [[Constitution of Bangladesh]].<ref name=toi/>
In 2012, Sinha led a Bangladesh delegation to Singapore and Indonesia and took part at different meetings with the Chief Justice of Singapore and [[Chief Justice of the Supreme Court of Indonesia|Chief Justice of Indonesia]]. Under the leadership of Justice Sinha, in 2013, a Bangladesh delegation visited India and the United Kingdom and participated in different sessions with the [[Chief Justice of India]], Chief Justice of Delhi High Court, [[Supreme Court of the United Kingdom|Supreme Court of UK]], Royal Courts of Justice, Judicial Appointments Commission in London, Judicial Appointments Board for Scotland, Lord President of Scottish High Court of Justiciary and Judicial Institute for Scotland. Being invited by the National Centre for State Courts, in 2013, he also participated in the "6th International Conference on the Training of the Judiciary" organized by the International Organization for Judicial Training in the United States. In 2014, he led a Bangladesh delegation in a visit to Hong Kong and China where the delegation participated in different sessions with the Vice-President of the Court of Appeal of the High Court of [[Hong Kong]], Vice-President of the Supreme People`s Court of China, National Judges College China and High Court of [[Beijing]].<ref>{{cite news | url=http://economictimes.indiatimes.com/news/international/world-news/bangladesh-appoints-surendra-kumar-sinha-as-new-chief-justice/articleshow/45852712.cms | title=Bangladesh appoints Surendra Kumar Sinha as new Chief Justice | work=Economic Times | date=12 January 2015 | accessdate=12 January 2015}}</ref><ref>{{cite news | url=http://www.supremecourt.gov.bd/web/judges.php?div_id=1 | title=Judges: Supreme Court of Bangladesh | work=Supreme Court of Bangladesh | date=12 January 2015 | accessdate=12 January 2015}}</ref>


===The 16th amendment verdict, the leave and the allegations===
Sinha is known for a number of high-profile judgments including those on the killing of former President [[Sheikh Mujibur Rahman]] and the 5th and 13th amendments to the [[Constitution of Bangladesh]].
[[Amendments to the Constitution of Bangladesh#Sixteenth amendment|The 16th amendment of the constitution of Bangladesh]] was passed by the parliament on 17 September 2014 which would give power to [[Jatiya Sangsad]] to remove judges if allegations of incapability or misconduct against them are proved.<ref>{{Cite web|url=http://www.dhakatribune.com/bangladesh/2016/may/06/hc-rules-16th-amendment-illegal|title=HC rules 16th amendment illegal|website=[[Dhaka Tribune]]|access-date=2016-05-07}}</ref> On 5 May 2016, a special High Court bench declared the amendment illegal and unconstitutional.<ref name=jul4>{{Cite news|url=http://www.thedailystar.net/frontpage/removal-sc-judges-power-not-js-1427950|title=Removal of SC Judges: Power not with JS|date=2017-07-04|work=The Daily Star|access-date=2017-10-15}}</ref><ref>{{Cite web|url=http://en.prothom-alo.com/bangladesh/news/103661/16th-amendment-illegal-HC|title=16th amendment illegal: HC|website=[[Prothom Alo]]|access-date=2016-05-07}}</ref> On 4 January 2017, the government challenged the verdict by filing an appeal with the appellate division and on 3 July, a seven-member Supreme Court bench headed by Sinha unanimously rejected the appeal upholding the High Court verdict.<ref name=jul4/><ref name=aug1>{{Cite news|url=http://www.thedailystar.net/frontpage/sc-critical-1442230|title=SC critical : Full verdict on 16th amendment released|date=2017-08-02|work=The Daily Star|access-date=2017-10-15}}</ref> Following the full verdict release on 1 August, the prime minister and senior ministers publicly criticized Sinha for the decision.<ref name=14oct/> The Jatiya Sangsad on September 13 passed a resolution calling for legal steps to nullify the Supreme Court verdict.<ref name=14oct/>


Sinha went on one month's leave since 3 October 2017<ref>{{Cite news|url=http://www.thedailystar.net/frontpage/cj-visits-hospital-tests-1473535|title=CJ visits hospital for tests|date=2017-10-09|work=The Daily Star|access-date=2017-10-13|language=en}}</ref> and traveled to Australia on 13 October.<ref name=australia/> Justice Md Abdul Wahhab Miah was appointed to discharge the duties of the chief justice in the absence of Sinha.<ref name=australia>{{Cite news|url=http://www.thedailystar.net/country/cj-chief-justice-surendra-kumar-sinha-may-fly-australia-tonight-1475923|title=I am completely well, says CJ Sinha as he leaves country|date=2017-10-13|work=The Daily Star|access-date=2017-10-13|language=en}}</ref>
== References ==
{{Reflist}}


On 14 October, a day after Sinha left the country, the Supreme Court released a statement<ref name=14oct>{{Cite web|url=https://bdnews24.com/bangladesh/2017/10/14/supreme-court-cites-11-charges-including-graft-and-moral-lapse-against-sinha|title=Supreme Court cites 11 charges, including graft and moral lapse, against Sinha|website=bdnews24.com|access-date=2017-10-15}}</ref> citing 11 charges against him including money laundering, financial irregularities, corruption and moral turpitude.<ref name=charges/> According to the statement, on September 30, President [[Abdul Hamid (politician)|Abdul Hamid]] handed over documentary evidence over those allegations to four other appellate division justices.<ref name=charges>{{Cite news|url=http://www.thedailystar.net/frontpage/11-charges-against-cj-1476448|title=11 'charges' against CJ|date=2017-10-15|work=The Daily Star|access-date=2017-10-15}}</ref> It added, upon meeting with those justices, Sinha submitted his application to the president on October 2 for one month's leave.<ref name=charges/>
==External links==

* {{cite web|url=http://www.supremecourt.gov.bd/nweb/?page=chief_justice.php|title=Hon'ble Chief Justice of Bangladesh}}
== References ==
* [http://www.bdlawdigest.org Bangladesh Law Digest - BDLD]
{{Reflist|30em}}


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Revision as of 02:38, 15 October 2017

The Honourable Chief Justice
Surendra Kumar Sinha
সুরেন্দ্র কুমার সিনহা
Chief Justice of Bangladesh
Assumed office
17 January 2015
Appointed byPresident of Bangladesh
Preceded byMd. Muzammel Hossain
Personal details
Born (1951-02-01) 1 February 1951 (age 73)
Tilakpur, Kamalganj, Sylhet, East Bengal, Dominion of Pakistan
NationalityBangladeshi
Alma materUniversity of Chittagong
ProfessionJudge

Surendra Kumar Sinha (born 2 February 1951) is the current and 21st Chief Justice of Bangladesh.[1][2]

Early life and education

Sinha was born in the present

bachelor of laws degree in 1974 from the University of Chittagong.[1]

Career

Sinha enrolled as an advocate of the District Court, Sylhet in 1974 and practiced in that court under the guidance of two civil and criminal lawyers and conducted sessions trial cases independently till the end of 1977.[3] He obtained the permission to practice before the High Court Division and Appellate Division of the Supreme Court of Bangladesh in 1978 and 1990 respectively.[3]

Sinha was elevated as a judge of the High Court Division on 24 October 1999. On 16 July 2009 he was appointed judge of the appellate division of the Supreme Court of Bangladesh.[4] He assumed the office of the chairman of the Bangladesh Judicial Service Commission in June 2011 and the office of the Chief Justice of Bangladesh on 17 January 2015.

Sinha attended several conferences regarding judicial affairs.[5]

Sinha is known for a number of high-profile judgments including those on the killing of former President Sheikh Mujibur Rahman and the 5th and 13th amendments to the Constitution of Bangladesh.[3]

The 16th amendment verdict, the leave and the allegations

The 16th amendment of the constitution of Bangladesh was passed by the parliament on 17 September 2014 which would give power to Jatiya Sangsad to remove judges if allegations of incapability or misconduct against them are proved.[6] On 5 May 2016, a special High Court bench declared the amendment illegal and unconstitutional.[7][8] On 4 January 2017, the government challenged the verdict by filing an appeal with the appellate division and on 3 July, a seven-member Supreme Court bench headed by Sinha unanimously rejected the appeal upholding the High Court verdict.[7][9] Following the full verdict release on 1 August, the prime minister and senior ministers publicly criticized Sinha for the decision.[10] The Jatiya Sangsad on September 13 passed a resolution calling for legal steps to nullify the Supreme Court verdict.[10]

Sinha went on one month's leave since 3 October 2017[11] and traveled to Australia on 13 October.[12] Justice Md Abdul Wahhab Miah was appointed to discharge the duties of the chief justice in the absence of Sinha.[12]

On 14 October, a day after Sinha left the country, the Supreme Court released a statement

Abdul Hamid handed over documentary evidence over those allegations to four other appellate division justices.[13] It added, upon meeting with those justices, Sinha submitted his application to the president on October 2 for one month's leave.[13]

References

  1. ^ a b c "Hon'ble Chief Justice of Bangladesh". Supreme Court of Bangladesh. Retrieved 13 October 2017.
  2. ^ "Surendra Kumar Sinha takes oath as the 21st Chief Justice of Bangladesh". bdnews24.com. Retrieved 22 July 2015.
  3. ^ a b c "Surendra Kumar Sinha appointed next chief justice of Bangladesh". The Times of India. Bennett, Coleman & Co. Ltd. Retrieved 22 July 2015.
  4. ^ NITI PTI BOT. "Bangladesh appoints Surendra Kumar Sinha as new chief justice". niticentral.com. Retrieved 22 July 2015.
  5. ^ "Bangladesh appoints Surendra Kumar Sinha as new Chief Justice". Economic Times. 12 January 2015. Retrieved 12 January 2015.
  6. ^ "HC rules 16th amendment illegal". Dhaka Tribune. Retrieved 2016-05-07.
  7. ^ a b "Removal of SC Judges: Power not with JS". The Daily Star. 2017-07-04. Retrieved 2017-10-15.
  8. ^ "16th amendment illegal: HC". Prothom Alo. Retrieved 2016-05-07.
  9. ^ "SC critical : Full verdict on 16th amendment released". The Daily Star. 2017-08-02. Retrieved 2017-10-15.
  10. ^ a b c "Supreme Court cites 11 charges, including graft and moral lapse, against Sinha". bdnews24.com. Retrieved 2017-10-15.
  11. ^ "CJ visits hospital for tests". The Daily Star. 2017-10-09. Retrieved 2017-10-13.
  12. ^ a b "I am completely well, says CJ Sinha as he leaves country". The Daily Star. 2017-10-13. Retrieved 2017-10-13.
  13. ^ a b c "11 'charges' against CJ". The Daily Star. 2017-10-15. Retrieved 2017-10-15.
Legal offices
Preceded by Chief Justice of Bangladesh
17 January 2015 – present
Incumbent