08/07/2019
Constitution of the People’s Republic of Bangladesh
99. (1) A person who has held office as a Judge (otherwise than as an Additional Judge pursuant to the
provisions of article 98), shall not, after his retirement or removal therefrom, plead or act before any court
or authority or hold any offece of profit in the service of the Republic not being a judicial or quasijudicial
office.
(2) Notwithstanding anything contained in clause (1), a person who has held office as a Jugde of the High
Court Division may, after his retirement or rermoval therefrom, plead or act before the Appellate Division.
100. The permanent seat of the Supreme Court shall be in the capital, but sessions of the High Court
Division may be held at such other place or places as the Chief Justice may, with the approval of the
President, from time to time appoint.
101. The High Court Division shall have such original, appellate and other jurisdictions and powers as are
conferred on it by this Constitution or any other law.
Disabilities of Judges after
retirement
Seat of Supreme Court
Jurisdiction of High Court
Division
Powers of High Court
Division to issue certain
orders and directions, etc
102. (1) The High Court Division on the application of any person aggrieved, may give such directions or
orders to any person or authority, including any person performing any function in connection with the affairs
of the Republic, as may be appropriate for the enforcement of any of the fundamental rights conferred by
Part III of this Constitution.
(2) The High Court Division may, if satisfied that no other equally efficacious remedy is provided by law –
(a) on the application of any person aggrieved, make an order
(i) directing a person performing any functions in connection with the affairs of the Republic or of a local
authority,
to refrain from doing that which he is not permitted by law to do or to do that which he is required by law
to do ; or
(ii) declaring that any act done or proceeding taken by a person performing functions in connection with the
affairs of the Republic or of a local authority, has been done or taken without lawful authority and is of no
legal effect ; or
(b) on the application of any person, make an order
(i) directing that a person in custody be brought before it so that it may satisfy itself that he is not being
held in custody without lawful authority or in an unlawful manner ; or
(ii) requiring a person holding or purporting to hold a public office to show under what authority he claims to
hold that office.
(3) Notwithstanding anything contained in the forgoing clauses, the High Court Division shall have no power
under this article to pass any interim or other order in relation to any law to which article 47 applies.
(4) Whereon an application made under clause (1) or subclause (a) of clause (2), an interim order is prayed
for and such interim order is likely to have the effect of
(a) prejudicing or interfering with any measure designed to implement any development programme, or any
development work ; or
(b) being otherwise harmful to the public interest, the High Court Division shall not make an interim order
unless the AttorneyGeneral has heen given reasonable notice of the application and he (or an advocate
authorised by him in that behalf) has been given an opportunity of being heard, and the High Court Division
is satisfied that the interim order would not have the effect referred to in subclause (a) or subcaluse (b).
(5) In this article, unless the context otherwise requires, “person” includes a statutory public authority and
any court or tribunal, other than a court or tribunal established under a law relating to the defence services
of Bangladesh or any disciplined force or a tribunal to which article 117 applies.
Jurisdiction of Appellate
Division
103. (1) The Appellate Division shall have jurisdiction to hear and determine appeals from judgments,
decrees, orders or sentences of the High Court Division.
(2) An appeal to the Appellate Division from a judgment, decree, order or sentence of the High Court
Division shall lie as of right where the High Court Division –
(a) certifies that the case involves a substantial question of law as to the interpretation of this Constitution ;
or
(b) has confirmed a sentence of death or sentenced a person to death or to imprisonment for life ; or
(c) has imposed punishment on a person for contempt of that division ; and in such other cases as may be
provided for by Act of Parliament.
(3) An appeal to the Appellate Division from a judgment, decree, order or sentence of the High Court
Division in a case to which clause (2) does not apply shall lie only if the Appellate Division grants leave to
appeal.
(4) Parliament may by law declare that the provisions of this article shall apply in relation to any other court
or tribunal as they apply in relation to the High Court Division.
Issue and execution of
processes of Appellate
Division
104. The Appellate Division shall have power to issue such directions, orders, decrees or writs as may be
necessary for doing complete justice in any cause or matter pending before it, including orders for the
purpose of securing the attendance of any person or the discovery or production of any document.
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