For whom should the verdict of the Supreme Court be obeyed?

The Supreme Court is the high court of Bangladesh. Our High Court consists of the Appellate Division and the High Court Division. Article 111 of the Constitution deals with the mandatory implementation of the judgment of the Supreme Court. This section states that the law declared by the Appellate Division shall apply to the High Court Division and any law declared by any Division of the Supreme Court shall apply to all subordinate courts. The interpretation of the law given in Article 152 of the Constitution is as follows: ‘Law’ means any law, ordinance, order, rule, regulation, bye-law, notification and other legal documents and any custom or custom with the power of law in Bangladesh. In the same article of the constitution, ‘court’ means any court including the Supreme Court.
Judgments of other courts including the Supreme Court are divided into four parts. These parts are the plaintiff and the defendant’s case, the subject matter, discussion and decision. The decision of the case is the effective part through which the outcome of the case is expressed. No matter how long the discussion of the case is, the effective part is very short. This effective part is the court order which is included in the interpretation of the law given by the constitution.

In order to understand the underlying meaning of any article of the constitution, its isolated study with other articles is not conducive to gaining a clear idea. In this case, it is necessary to study these paragraphs together with the paragraphs that are associated with the paragraph. Article 111 is in conjunction with Article 112. Article 112 states that the Supreme Court shall assist all executive and judicial authorities within the state boundaries of the Republic.
The study of Article 111 shows that only the law declared by the Appellate Division of the Supreme Court is applicable to the High Court Division and the law declared by both the divisions is applicable to the lower courts.

Ad by Valueimpression The
judiciary consists of three important organs of government, the Supreme Court and the lower courts. The other two organs of government are the executive or governance department and the law department. The Chief Justice and the Speaker are the Heads of the Judiciary and the Law Department respectively. On the other hand, in a presidential system of government and a parliamentary system of government, the president or the prime minister is the head of the executive or governance department, respectively. The responsibilities of the three departments of the government have been specified. Each department is independent in discharging its responsibilities and the interference of another department in the responsibilities of one department is undesirable and unwelcome.

When a verdict is given by the Supreme Court in a case, the right of the winning party is established in that verdict. The legal interpretation and decision given in the case of the establishment of this right is essential for all the courts to abide by the same case. Article 112 provides for the assistance of the Executive and Judicial Authority to the Supreme Court so that the person entitled to it may enjoy the rights granted to him in the light of the decision of the Supreme Court.

Nowhere in Article 111 is it said that the judgment pronounced by the Appellate Division of the Supreme Court and the High Court Division is applicable to the Law Division and the Executive Division. The reason for not saying this is that both the divisions of the Supreme Court of Bangladesh are located in Dhaka. According to Article 100 of the Constitution, the Chief Justice can arrange for a session of the High Court Division in any other place of the country subject to the approval of the President, although no Chief Justice has arranged such a session outside Dhaka since the rise of Bangladesh.

It may be recalled that in 1986, the Eighth Amendment to the Constitution established six permanent benches of the High Court Division in six cities outside Dhaka, although Article 100 was reversed when the Appellate Division of the Supreme Court declared the amendment out of jurisdiction and invalid. Due to the absence of any officer or staff other than the Appellate Division and the High Court Division’s own office in Dhaka, it was necessary to seek the assistance of other divisions to give effect to the judgment pronounced by both the divisions. The executive branch and the lower courts play a key role in providing such assistance.

In a civil case, if the appellate court of the Supreme Court or the High Court Division declares the right of the plaintiff over a certain land, it becomes imperative for the executive branch and the lower court to provide assistance in the light of Article 112 so that the plaintiff can occupy his land without any hindrance. Similarly, in criminal cases, if the appellate division and the High Court division of the Supreme Court uphold or increase or decrease the sentence or imprisonment imposed by the court, the responsibility of enforcing the judgment rests with the police department and the jail authorities under the executive branch. Always trying to keep up. It is often seen that, The plaintiff was declared the owner of the land by the High Court Division and the Appellate Division of the Supreme Court and it became necessary to acquire the entire or part of the land in the public interest. Although the rights of the plaintiffs on the High Court Division and Appellate Division of the Supreme Court have been curtailed due to the acquisition of the land by the Executive Division, the public interest is more important than the interests of the plaintiffs. In this case, if the judgment declared by the High Court Division and the Appellate Division of the Supreme Court is complied with for the Executive Division, it will never be possible for it to take ownership of the plaintiff’s land through acquisition. The maximum penalty for a criminal offense is death. The High Court Division is entrusted with the task of confirming or approving the death sentence imposed on a person by a Sessions or Additional Sessions Judge. If the appeal filed by the aggrieved person after the approval of the death sentence by the High Court Division is rejected by the Appellate Division of the Supreme Court Prison authorities are responsible for enforcing the death penalty. Performing such duties is part of the assistance in the light of Article 112 of the Constitution.

Constitutionally, the power to make laws for the state is vested in Parliament. If the judgment or order declared by the Appellate Division and the High Court Division of the Supreme Court is to be complied with by the Parliament, then it undermines the law-making power of the Parliament independently. Since the parliament represents the common people of the country, any blow to the law-making power of the parliament is a blow to the interests of the people of the country. That is why the Appellate Division of the Supreme Court and the High Court Division are not bound to the Parliament to abide by the declared verdict.

Just as the Chief Justice of the Supreme Court and other judges are independent in the conduct of the judiciary, so is the Election Commission independent in carrying out its duties under the Constitution and the law. Constitutionally, the executive branch has been asked to assist the Supreme Court, just as the Election Commission has been asked to assist the executive branch. Although it is the constitutional duty of the above two authorities to conduct the judiciary independently and conduct the election independently, it is never possible to carry out that constitutional duty properly and smoothly without the assistance of the executive branch. For example, it is the responsibility of the executive branch to provide the necessary infrastructure, in addition to other ancillary facilities, to carry out the responsibilities of the two organizations. If the executive branch does not constantly assist in the discharge of this duty, the discharge of the duties of both the authorities is disrupted in various ways. And that is why the executive branch is always trying to fulfill this responsibility Stays. The role of the police force in the executive branch is undeniable in providing security to the officials of both the authorities and assisting them in carrying out their duties peacefully. Without such assistance from the police force, it is difficult for both the authorities to carry out their duties smoothly.

Constitutionally, the High Court Division of the Supreme Court has been given the power to oversee and control the lower courts. Moreover, the judgment or order of the lower court has given the aggrieved person the right to file an appeal and revision in the High Court Division. If an appeal or revision is filed in the High Court Division by the aggrieved person, in the first case, it is vital for the High Court Division to summon the relevant judicial documents of the lower court. In case of summons by the High Court Division, it is essential to send the documents by the lower court, which is the full manifestation of the assistance. Article 111 of the Constitution clearly states for whom the judgment of the Supreme Court must be complied with. If any attempt is made to extend this position clearly stated in the Constitution to any other authority, it will be contrary to the spirit expressed in that article. And so of course observance and support

Any expansion of the scope, except in the case of the authorities explicitly mentioned, deviates from the stated position of the Constitution in the literal sense. Indulging in such deviations gives rise to unexpected and unwelcome controversy.
Author: Former Judge, Constitution, Politics and Economics Analyst