The Appellate Division is functioning with only one bench to handle nearly 39,000 pending cases, exposing the country’s apex court to a severe backlog as the number of judges continues to decline.
The shortage has intensified discussions over appointing new judges, but questions over the suitability, judicial records and perceived neutrality of some potential candidates have turned the process into a broader debate over credibility.
Talks with Supreme Court sources, lawyers, retired judges and court officials suggest that the issue is no longer only about filling vacancies. Stakeholders say the challenge is to increase the number of judges while ensuring that new appointments strengthen public confidence in the judiciary.
The Appellate Division currently has four judges, led by Chief Justice Zubayer Rahman Chowdhury. The others are Justice Md Rezaul Haque, Justice SM Emdadul Hoque and Justice Farah Mahbub.
The bench strength fell after Justice Md Ashfaqul Islam retired on 15 July upon reaching the retirement age of 67. Earlier, Justice AKM Asaduzzaman retired on 28 February.
The impact has already become visible. On 23 July, only a two-member bench sat in the Appellate Division, leaving several important cases unheard, according to court officials.
With one bench handling constitutional, criminal, civil and review matters, delays are increasing. Although neither the Constitution nor any law specifies the number of Appellate Division judges, the court has previously operated with as many as 11 judges.
According to the SC’s annual report for 2024, the Appellate Division had 11 judges in 2009, with 5,260 pending cases. By 2024, pending cases had risen to 31,120, while the number of judges had declined. The current backlog of nearly 39,000 means pending cases have increased almost eightfold over the past 15 years.
Supreme Court Bar Association Secretary Mohammad Ali said a single bench could not handle such a huge volume of cases.
“Immediate appointment of judges to the Appellate Division is necessary. Otherwise, litigants will continue to suffer due to prolonged delays,” he said.
A senior SC lawyer said the Appellate Division previously operated with three benches, allowing faster hearings and disposal of cases.
On 12 December 2022, then chief justice Hasan Foez Siddique reconstituted three benches with eight judges. Lawyers said the move helped accelerate case disposal.
However, the system collapsed due to the shortage of judges. On 22 July, SC lawyer Shishir Manir wrote to the president seeking more judges and specialised benches, saying the growing complexity of law required dedicated benches.
Amid the crisis, discussions are underway that new judges may soon be appointed. However, possible candidates have triggered debate over their suitability and public confidence.
One candidate under discussion is a former High Court judge who resigned after the July uprising and was appointed during the previous BNP-led four-party alliance government.
Several senior lawyers said his judicial career had drawn criticism in some quarters. While acknowledging his ability to dispose of cases quickly, they questioned whether some decisions reflected sufficient judicial reasoning.
Court insiders said some lawyers who appeared before his bench are now supporting his appointment to the Appellate Division.
Senior lawyers warned that appointing a former judge who resigned amid controversy could set a challenging precedent for the judiciary.
The names of several other High Court judges are also being considered. However, questions over the suitability of at least one candidate have resurfaced.
Two other judges being considered were appointed during Sheikh Hasina’s third and fourth terms as prime minister. Sources said questions over their appointments have emerged following the change in political circumstances.
Lawyers said Appellate Division appointments should not be based solely on seniority. Integrity, judicial competence, ethical standards, independence and public confidence should also be considered.
They said only a limited number of High Court judges currently enjoy broad confidence across society.
Justice Sheikh Abdul Awal is currently the only High Court judge appointed during the BNP-led four-party alliance government. Judges appointed after 5 August 2024 are relatively junior, while most serving judges were appointed during the Awami League government’s tenure.
Lawyers said the Constitution does not require Appellate Division judges to be selected only from serving High Court judges. They argued that experienced senior lawyers could also be considered.
Senior Supreme Court lawyer Syed Mamun Mahbub said a transparent legal framework was needed before appointing judges.
Speaking to TIMES of Bangladesh, he said controversial individuals should not be appointed as Supreme Court judges.
“The BNP government should enact a law on judicial appointments. Appointments should be made under that law. Otherwise, allegations of politicisation will emerge again,” he said.
Retired Appellate Division judge MA Matin also called for immediate appointments but warned against appointing controversial or dishonest individuals.
He said the consequences of such appointments had already been witnessed in the past and called for a separate law governing judicial appointments.
Asked about the government’s position on appointing judges, Law Minister Md Asaduzzaman declined to comment.
