| The Supreme Court
Bar Association |
| All the practicing Advocates of
both the Divisions including the Advocates-on-record
are the members of the Supreme Court Bar Association.
The Supreme Court Bar Association always plays active
and vital role in protecting the supremacy, dignity
and the integrity of the Supreme Court. The Association
is housed in two buildings one is known as the main
building which is two storied and the other known
as the annex building which is 3 (three) storied.
The present Association has a legacy of the then
Dhaka High Court Bar Association, housed in the
old building of the then High Court of judicature
at Dhaka, established after the creation of Pakistan
in 1947. In 1967 the then High Court of judicature
at Dhaka was shifted to the present main building;
4 rooms of the main Building on the western side
were allowed for use of the learned members of the
Association. The present main building of the Association
was inaugurated in November, 1975 by the then Hon’ble
President Mr. Justice Abu Sadat Muhammad Sayem,
the first Chief Justice of Bangladesh. In both the
buildings, rooms are allotted to the members of
the Association to have their private sitting arrangements
in carrying out their judicial works against monthly
payments to the Association and such rooms are known
as cubicles. Presently, there are 489 cubicles,
apart from 3 (three) big hall rooms. The learned
members of the Association, who can not be provided
with cubicles, sit in the hall rooms. The Association
has a modern auditorium. The Association has also
a medical Care Centre in the ground floor of the
main building, where a doctor sits regularly on
the working days and provides medical treatment
to its members. |
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| The library of the Association
is in the main building and has a rich collection
of books, law journals and law reports of USA, UK,
Australia, Common Wealth, India, Pakistan and Bangladesh
Supreme Court. |
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| The Supreme Court of Bangladesh
has two Divisions namely: (a) The Appellate Division
and (b) The High Court Division. In order to practice
in each of the Divisions one has to be enrolled
as an Advocate of the said Division and also to
become member of the Supreme Court Bar Association.
Both the Divisions have separate enrolment procedure.
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| Advocate of the Appellate
Division: |
| There are three categories of Advocates
who are entitled to practice law before the Appellate
Division, Viz, Senior Advocate, Advocate and Advocate
on record. Enrolment of these 3 (three) categories
of Advocates is guided by Order IV of the Supreme
Court of Bangladesh (Appellate Division) Rules,
1988 (Rules, 1988). Order IV, rule 11 of the Rules,
1988 deals with the enrolment as Senior Advocates.
The said rule provides that the Chief Justice and
the Judges may, on application or otherwise select,
from time to time, from among those whose names
are on the Roll of the Advocates, persons who are
judged, by their knowledge, ability and experience,
to be worthy, if being granted the status of Senior
Advocate and on signing the Roll of Senior Advocates
he shall assume the said status. In the said rule
it has further been provided that the Chief Justice
and the judges may, before selecting an Advocate
as Senior Advocate, consider whether he/she could
show sufficient appearance before the court so as
to entitle him to get the status of Senior Advocate.
Rule 12 of Order 11 of the Rules, 1988 has provided
that a fee of taka ten thousand only shall be paid
by a Senior Advocate before he signs the Roll. |
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| Enrolment as an Advocate of the
Appellate Division is guided by rules 3, 4 and 5
of Order IV of the Rules, 1988. In order to be enrolled
as an Advocate of the Appellate Division, one must
be: |
| (a) |
an Advocate in the High Court Division for
not less than 5 (five) years. |
| (b) |
certified in a duly authenticated form
by the Bangladesh Bar Council that he is an
enrolled Advocate of the High Court Division. |
| (c) |
certified by the judges of the High Court
Division that he is a fit and proper person
to appear and plead as an Advocate before
the Appellate Division. |
|
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| But the Chief Justice and the Judges
may grant enrolment to an advocate, not qualified
as aforementioned, if in their opinion, he is qualified
by knowledge, ability and experience to beenrolled
as an Advocate of that Division. The power may also
be delegated to the Enrolment Committee. In order
to be enrolled as an Advocate of the Appellate Division
an application for enrolment have to be made in
such form as may be prescribed by the Court from
time to time and shall be accompanied by the following
documents: |
| (i) |
a certificate of the Bangladesh Bar Council
as mentioned in (b) above; |
| (ii) |
bio-data of the applicant giving full particulars
of his/her qualifications and any previous
employment or engagement for gain; |
| (iii) |
a list of cases, in which he/she appeared
before the High Court Division; |
| (iv) |
an affidavit by the applicant that he/she
is eligible and not disqualified to be enrolled
as an Advocate in the Appellate Division of
Bangladesh Supreme Court; and |
| (v) |
six recent passport size photographs of
the applicant. |
|
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| The application for enrolment shall
be considered by an Enrolment Committee consisting
of at least two Judges to be nominated by the Chief
Justice and the Committee may call the applicant
for interview and call for any record. If the Enrolment
Committee grants the application, the applicant
shall be allowed to sign the Roll of Advocates on
payment of taka 5,000/00 (five thousand). |
| |
| Qualification for enrolment as
an Advocate-on-record has been laid down in rule
17 of Order IV of the Supreme Court of Bangladesh
(Appellate Division) Rules, 1988 which are as under:
|
| No person shall be qualified
for being enrolled as an Advocate-on-Record
unless, he- |
| (a) |
has been for not less than seven years
enrolled as an Advocate of the Courts subordinate
to the Appellate Division of the Supreme Court
including at least three years standing as
an Advocate of the High Court Division; |
| (b) |
has an office at the seat of the Registry
of the Court; |
| (c) |
has telephone installation at his office
at the seat of the Registry of the Court; |
| (d) |
signs the Roll of Advocate-on-Record maintained
for the purpose. |
|
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| Provided that the Chief Justice
and the Judges may grant enrolment of a person not
qualified as a aforementioned, if, in their opinion,
he is qualified by knowledge, ability and experience
to be enrolled as an Advocate-on-Record. This power
may, be delegated to the Enrolment Committee. Such
application for enrolment as an Advocate-on-record
shall be made in such form as may be prescribed
by the Court from time to time. Rule 18 of Order
IV of the Rules, 1988 has provided that the application
shall have to be accompanied by- |
| (i) |
an authenticated copy of the applicant’s
first enrolment as an Advocate on the roll
of Bangladesh Bar Council; |
| (ii) |
a certificate from the Bar Association,
where the applicant first joined to practice
the profession of law mentioning the date
of commencement of his membership of the Bar
Association; |
| (iii) |
an authenticated photostat copy of his
certificate of enrolment as an Advocate of
the High Court Division of the Supreme Court; |
| (iv) |
a certificate in a duly authenticated form
by the Supreme Court Bar Association that
he is still an Advocate of the High Court
Division of the Supreme Court; |
| (v) |
bio-data of the applicant giving full particulars
of his qualification and any previous employment
for gain; |
| (vi) |
a list of cases in which he appeared before
the High Court Division; |
| (vii) |
an affidavit by the applicant that he is
eligible and not disqualified to be enrolled
as an Advocate on record in the Appellate
Division of the Supreme Court; and |
| (viii) |
six recent passport-size photographs of
the applicant. |
|
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| Rule 19 of Order IV of the Rules,
1988 has further provided that an application for
enrolment as Advocate-on-record shall be considered
by an Enrolment Committee consisting of at least
two judges to be nominated by the Chief Justice
and the committee may call the applicant for interview
and call or ask for any record. If the Enrolment
Committee grants the application, the applicant
shall be allowed to sign the Roll of Advocate-on-Record
on payment of fee of taka 2,000/00. |
| |
| Rule 7 of Order IV of the Rules,
1988 has clearly provided that a Senior Advocate,
an Advocate and an Advocate-on-Record shall be entitled
to appear and plead before the Court on signing
his respective Roll. Rule 33 has provided that the
Attorney General for Bangladesh shall have precedence
over all Advocates and Senior Advocates. In Rule
34 it has further been provided that that the Attorney
General for Bangladesh and Additional Attorney-General
shall, by virtue of their offices have the status
and precedence of a Senior Advocate of the Court
notwithstanding that their names are not contained
in the Roll of Senior Advocates. The Deputy Attorney
General and Assistant Attorney General Shall, by
virtue of their office, have the status of an Advocate
of the court notwithstanding that their names are
not contained in the Roll of Advocates of the court. |
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| Advocates of the High Court
Division: |
| The enrolment in the High Court
Division is controlled by the Bangladesh Bar Council
under the provisions of the Bangladesh Legal Practitioners
and Bar Council Order, 1972 (the Order 1972) and
the Rules framed thereunder, namely, The Bangladesh
Legal Practitioners and Bar Council Rules, 1972
(the Rules 1972). |
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| Article 21 of the Order provides
that no Advocate other than an Advocate permitted
to practice beforethe High Court immediately before
the commencement of the Order, shall be permitted
to practice before the High Court Division unless- |
| (a) |
he has practiced as an Advocate before
subordinate courts in Bangladesh for a period
of two years; |
| (b) |
he is a law graduate and has practiced
as an Advocate before any court outside Bangladesh
notified by government in the official gazette; |
| (c) |
he has, for reason of his legal training
or experience been exempted by the Bar Council
from the forgoing requirements of this clause
on the basis of the prescribed criteria. |
|
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| Rules 65 A of the Rules, 1972 has
given power to the Bar Council to grant exemption
under article 21(1) (a) requiring practice for a
period of 2 (two) years before seeking permission
to practice in the High Court Division on the basis
of the following criterion- |
| (i) |
Advocates who were called to the Bar in
U.K. or who have obtained higher 2nd class
in LL.M. (at least 50% marks in aggregate)
form any recognised University and further
worked with a Senior Advocate of the Supreme
Court in his Chamber for at least one year
[since his enrolment as Advocate under Rule
62(1)]; and |
| (ii) |
Persons holding a degree in law and have
held a judicial office (i.e. office of a Civil
Judge) for a total period of at least 10 years
do not require to appear for written test
as per sub-rule (2) hereof but he shall have
to appear before the interview Board. |
|
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| Enrolment to practice in the High
Court Division is done by an Enrolment Committee
consisting of 5 persons consisting of : |
| (a) |
Chairman to be nominated by the Chief Justice
from amongst the judges of the Appellate Division
|
| (b) |
One member to be nominated by the Chief
Justice from amongst the Judges of the High
Court Division. |
| (c) |
Attorney General for Bangladesh. |
| (d) |
Two members elected by the Bar Council
from amongst its members. |
|
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| (2) The procedure for the enrolment
of Advocates and the business of the Enrolment shall
be regulated by the Enrolment Committee in such
manner as may be determined by it. |
| |
| Rule 65 A (1) of the Rules, 1972
has provided that all applications for permission
to practice in the High Court Division shall be
made in prescribed form as appended to the rules,
accompanied by the papers detailed in clause (a)
(b) (c) and (d) thereof. Of the above 3 (three)
clauses clause (b) provides that a list of at least
25 cases either civil or criminal or both in which
the Advocate appeared before the concerned courts
must be submitted. Presently after an Advocate fulfills
the requirement to apply for permission to practice,
written test is taken on the syllabus for the same
as detailed in sub-article (3) of Rule 65 A. The
qualifying marks for written test is 12 out of 25
and for oral test is 12 out of 25, but the aggregate
marks of the two tests must be at least 25 (that
is 12 + 13). |
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Building of the Supreme Court Bar Association |
