Apart from Chief Justice Dr. Syed Refat Ahmed, there are currently six judges in the Appellate Division of the Supreme Court. In order of seniority, they are - Justice Md. Ashfaqul Islam, Justice Zubayer Rahman Chowdhury, Justice Md. Rezaul Haque, Justice SM Imdadul Haque, Justice AKM Asaduzzaman and Justice Farah Mahbub. Among them, the names of Justice Md. Ashfaqul Islam and Justice Zubayer Rahman Chowdhury are being discussed the most as the next Chief Justice. They are also the first and second in terms of seniority.
The constitution states that the President shall appoint the Chief Justice. The constitution has given the President the power to appoint the Chief Justice. According to tradition, the Chief Justice is appointed from among the judges of the Appellate Division. However, an exceptional incident has occurred and a new precedent has been created only in the appointment of the 25th Chief Justice of the country. After the then Prime Minister Sheikh Hasina fled in the July uprising, 6 judges of the Appellate Division, including the Chief Justice, were forced to resign. In view of the demands of the students and the public on the streets during that turbulent time, the interim government appointed Dr. Syed Refaat Ahmed, the senior judge of the High Court Division, as the 25th Chief Justice of the country.
Legal analysts believe that this will be an exceptional event in the history of the judiciary. Because, all the other Chief Justices of the country who have served in the past have been appointed from the Appellate Division. Those related to the judiciary say that this time too, the Chief Justice will be appointed from the Appellate Division. In that case, one of Justice Md. Ashfaqul Islam and Justice Zubair Rahman Chowdhury will be the 26th Chief Justice of the country, it can be said with some certainty.
What does the Constitution say?
Article 97 of the Constitution states, ‘If the office of Chief Justice becomes vacant or if the Chief Justice appears to the satisfaction of the President to be incapable of discharging his duties due to absence, illness or any other reason, the senior most judge of the Appellate Division shall perform such duties until another person joins the same office or until the Chief Justice resumes his duties, as the case may be.’
According to Article 95 of the Constitution regarding the appointment of the Chief Justice, the President shall appoint the Chief Justice and, in consultation with the Chief Justice, the President shall appoint other judges.
Article 95(1) of the Constitution states, ‘The Chief Justice shall be appointed by the President and the President shall appoint other judges in consultation with the Chief Justice.’ The Constitution does not provide any further details on this matter. However, as per the long-standing practice, the President can appoint any judge of the Appellate Division as the Chief Justice. The July Charter also provides for the appointment of any one of the judges of the Appellate Division as the Chief Justice. However, the recommendation of the Judicial Reform Commission formed by the interim government states that the senior-most judge of the Appellate Division will be the Chief Justice.
When asked about this, senior lawyer and constitutional expert Advocate Mohammad Shishir Monir told Daily Industry, “The current constitution gives the power to appoint the Chief Justice to the President. He can appoint any judge of the Appellate Division as the Chief Justice. In this case, the current constitution does not provide for appointment based on seniority. But some in the Consensus Commission said that the senior-most judge of the Appellate Division will be the Chief Justice. Some said that one of the two senior-most judges will be the Chief Justice. What was included in the latest July charter is that the President will appoint one of the judges of the Appellate Division as the Chief Justice. Now the time has come. The current Chief Justice will retire on December 27. Now the question will come to His Excellency the President as to whom he will appoint as the Chief Justice. The current constitution has completely entrusted the matter of appointing the Chief Justice to the President. There is no obligation in the current constitution to appoint the senior-most judge as the Chief Justice.
Masdar Hossain, a member of the Judicial Reform Commission, told Daily Industry that the reform commission had recommended to the government to appoint the senior-most judge of the Appellate Division as the Chief Justice. However, if there are serious allegations against the senior-most judge, the recommendation of the Judicial Reform Commission is to appoint the second person in terms of seniority as the Chief Justice.
Justice Md. Ashfaqul Islam
Justice Md. Ashfaqul Islam was born on 15 July 1959. His father AKM Nurul Islam was a former Vice President of Bangladesh and his mother Jahanara Arju was a poet and writer who received the Ekushey Padak. He completed his graduation and post-graduation in law from Dhaka University. Md. Ashfaqul Islam became a district court lawyer in 1983.
In 1985, he became a lawyer of the High Court Division of the Supreme Court of Bangladesh. On 27 August 2003, Md. Ashfaqul Islam was appointed as an additional judge of the High Court Division. On 27 August 2005, he was made a permanent judge of the High Court Division. He was appointed as a judge of the Appellate Division from the High Court in December 2022.
Justice Zubair Rahman Chowdhury
Justice Zubair Rahman Chowdhury was born on May 18, 1961. His father, the late AFM Abdur Rahman Chowdhury, was also a Supreme Court judge. After completing his LLB (Hons) and LLM degrees from Dhaka University, he did another Masters in International Law in the UK.
Zubair Rahman Chowdhury was enrolled as a lawyer in the Judges’ Court in 1985 and in the High Court Division of the Supreme Court in 1987. On August 27, 2003, Zubair Rahman Chowdhury was appointed as an Additional Judge in the High Court Division. Two years later, his appointment in the High Court Division became permanent.
On August 12, 2024, President Mohammad Shahabuddin appointed him as a judge of the Appellate Division, and he was sworn in on August 13, 2024.
Justice Md. Rezaul Haque
Justice Rezaul Haque was born on April 24, 1960. He holds a Bachelor of Laws (LLB) and a Master of Arts degree. Rezaul Haque joined the District Court as an advocate on April 8, 1984. He became an advocate of the High Court Division on June 21, 1990.
Rezaul Haque was appointed as an additional judge of the High Court Division on August 23, 2004. Rezaul Haque was made a permanent judge on August 23, 2006. He was appointed as a judge of the Appellate Division on August 12, 2024.
Justice S. M. Imdadul Haque
Justice SM Imdadul Haque was born on November 7, 1963. He completed his graduation and post-graduation in law from Rajshahi University. Imdadul Haque started working as a lawyer in the district court on October 7, 1990.
He became a lawyer of the High Court Division of the Supreme Court on November 26, 1992. Imdadul Haque was appointed as an additional judge of the High Court Division of the Supreme Court on August 23, 2004. Later, on August 23, 2006, he started his duties as a permanent judge. Imdadul Haque was appointed as a judge of the Appellate Division on August 12, 2024.
Justice AKM Asaduzzaman
Justice AKM Asaduzzaman was born on March 1, 1969. After receiving a master’s degree in law from Rajshahi University, he was enrolled as a lawyer in the District Court in 1983. He was enrolled as a lawyer in the High Court Division in 1985 and in the Appellate Division in 2001. AKM Asaduzzaman was appointed as an additional judge in the High Court Division on August 27, 2003. He became a permanent judge of the High Court on August 27, 2005. He was appointed as a judge in the Appellate Division on March 25, 2025.
Justice Farah Mahbub
Justice Farah Mahbub started her legal career in the district court in 1992 after completing her LLB and LLM from Dhaka University. She was enrolled as an advocate in the High Court on October 15, 1994 and in the Appellate Division on May 15, 2002. She was appointed as an additional judge of the High Court on August 23, 2004. In 2006, she was appointed as a permanent judge in the High Court Division.
Justice Farah Mahbub, daughter of former minister and renowned advocate Mahbubur Rahman, was appointed as a judge of the Appellate Division on March 25, 2025.
