Syed Refaat Ahmed Appointed as Bangladesh’s 25th Chief Justice Amid Judicial Turmoil

In the wake of unprecedented upheaval within Bangladesh’s judiciary, Justice Syed Refaat Ahmed has been appointed as the 25th Chief Justice of Bangladesh. The appointment, confirmed through a gazette notification issued by the law ministry, comes on the heels of the dramatic resignation of Chief Justice Obaidul Hassan and five other Appellate Division judges, following intense student protests demanding judicial reforms.

President Mohammed Shahabuddin exercised his constitutional authority under Article 95(1) to appoint Justice Ahmed, who was the senior-most judge of the High Court Division. The appointment takes effect immediately after Justice Ahmed takes the oath of office, which is scheduled to be administered by the President at the Bangabhaban today.

Article 95 of the Constitution of Bangladesh outlines the process for appointing judges to the Supreme Court. Specifically, it empowers the President to appoint the Chief Justice and, after consultation with the Chief Justice, to appoint other judges of the Supreme Court. To qualify for appointment, a person must be a citizen of Bangladesh and have either served as an advocate of the Supreme Court for at least ten years, held judicial office in Bangladesh for a similar period, or possess other qualifications as prescribed by law. This article ensures that appointments to the judiciary are made with consideration of both experience and legal expertise, aiming to uphold the integrity of the judicial system.

Justice Syed Refaat Ahmed, born on December 28, 1958, brings a distinguished legal pedigree to his new role. His father, Barrister Syed Ishtiaq Ahmed, was a prominent jurist and served as the Attorney General of Bangladesh, while his mother, Dr. Sufia Ahmed, was the first female national professor of Bangladesh and a revered academic in Islamic History and Culture at the University of Dhaka.

A scholar of remarkable academic credentials, Justice Ahmed completed his LLB (Hons) with first-class honors from Dhaka University, followed by further studies at Wadham College, University of Oxford, UK, where he earned his BA and MA. He also holds an MA in Law and Diplomacy and a PhD from the Fletcher School of Law and Diplomacy, Tufts University, USA, where he was a Ford Foundation fellow in Public International Law. His professional experience includes work with the United Nations High Commissioner for Refugees in Hong Kong and Washington, DC, as well as practicing law in London.

Justice Ahmed began his legal career as a district court lawyer in 1984, progressing to the High Court Division in 1986 and the Appellate Division in 2002. He was appointed as an additional judge of the High Court Division on April 27, 2003, and became a permanent judge two years later. A founding member of the Global Judicial Institute on the Environment, Brazil, Justice Ahmed has also been an active participant in international legal forums across the globe.

The appointment of Justice Syed Refaat Ahmed follows a tumultuous period for the judiciary, marked by the resignations of Chief Justice Obaidul Hassan and other key figures, amid accusations of political bias and an attempted judicial coup. These events unfolded after students, led by the Anti-Discrimination Student Movement, issued an ultimatum demanding the resignation of the Chief Justice and others by 1:00 pm on the day of the resignations. The rapid acceptance of these resignations by the President underscores the gravity of the situation.

As Justice Syed Refaat Ahmed steps into his new role, he faces the daunting task of restoring public confidence in a judiciary shaken by recent events. His extensive legal expertise and international experience will be crucial in navigating the challenges ahead, as Bangladesh’s legal system stands at a crossroads, with demands for impartiality and reform echoing loudly across the nation.