520:, 1999), widely known as the ‘separation of judiciary'. In this case, Justice Kamal laid out a clear road-map for the separation of the lower judiciary from the Executive. The decision was determined on the question of to what degrees the constitution of Bangladesh has in effect secured the separation of judiciary from the executive organs of the State, and whether the provisions of the constitution that may grantee the independence of judiciary have been followed in practice. The judgment with 12 directive points was pronounced on 7 May 1997 (reported in 18 BLD 558). The Government appealed, and the Appellate Division upheld the decision of the High Court Division with some modifications. The judgment was delivered on 2 December 1999 (reported in 52DLR 82). The Government was given clear directions in order to complete the process of separation of the lower judiciary from the executive by undertaking steps, such as
593:, more particularly mediation, into the legal and judicial system of Bangladesh. For the next few years, he led from the front to introduce ADR in Bangladesh. Justice Mustafa Kamal was committed from the start to introduce the benefits of mediation and other forms of ADR in reducing backlog of cases and making justice more accessible to the citizens of Bangladesh. He trained, for four years, mostly voluntarily, about fifteen hundred lawyers, judges and court officials in the principles and practice of different forms of ADR. The Government of Bangladesh introduced ADR in many areas including environmental and family laws in 2010. Many consider Justice Mustafa Kamal as ‘the father of ADR' in Bangladesh.
475:
of Dhaka as a part-time
Lecturer, and continued until 1968. He also served as the legal advisor to Rajuk at that period of time. The Government of Bangladesh appointed him as an Additional Attorney General in 1976. In 1977, he was appointed as the Advocate General of the High Court, when the High Court got separated from the Supreme Court. After eleven months, the Supreme Court and the High Court got reinstated, and the position of Advocate General was dissolved. Barrister Kamal returned to the practice of law. He was, however, called to the bench on 9 April 1979 as a Justice of the
539:
Kamini Kumar Dutta
Memorial Law Lecture; he chose the topic ‘Bangladesh Constitution: Trends & Issues’. This lecture provided with invaluable insights that helped build a consensus on necessary reforms. Barrister Manzoor Hasan, who was the founding executive director of Transparency International Bangladesh (TIB), observed in 1997: "As TIB was advocating for improved governance, Justice Mustafa Kamal was exercising his judicial mind to call for an independent lower judiciary or redefining the limits of 'locus standi' in relation to writ applications."
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the
Quranic provision of Iddat. The case was forwarded to the Appellate Division of the Supreme Court by way of appeal. Justice Mustafa Kamal played an active role to overturn the judgment. The Appellate Division called two religious scholars to provide with their expert-opinions. The bench of the Appellate Division agreed unanimously to overturn the High Court judgment. In his judgment, Kamal expressed his complete disapproval of High Court judges' ignorance of basic Islamic knowledge, norms and philosophy.
558:
to interpret the term ‘a person aggrieved’ in a liberal mood and with a progressive attitude, and thus widened the writ
Jurisdiction of the High Court conferred on it by Article 102 of the Constitution of the People's Republic of Bangladesh. The leading judgment was delivered by Justice Mustafa Kamal on 25 July 1996. In his explanation of the scope of 'locus standi', Kamal stated in his judgment:
613:, Naeela K Sattar and Nazeefa K Monem. Nashid Kamal is a vocalist, writer, and professor of demography. Naeela K Sattar is a special needs teacher in Amherst, US and also a lawyer (from Cornell, Ithaca, US). Nazeefa K Monem is a first class holder in Biochemistry from Dhaka University (1994). His granddaughter,
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for enforcement of fundamental right conferred by part ɪɪɪ of the
Constitution. Under Article 102(2)(a), the High Court Division may make an order on the application of any 'person aggrieved' in the nature of mandamus, prohibition and certiorari except for and application for habeas corpus or quo-warranto.
455:, Bangladesh. Kamal studied Political Science in his B.A. (Hons) and M.A. In the year 1953 and 1954 respectively, he achieved those degrees securing `first class first’ in both. He also stood first among all candidates in the Arts faculty and was awarded a special scholarship from the Pakistan Government.
562:
In
Bangladesh an unnoticed but quiet revolution took place on the question of locus standi after the introduction of the Constitution of the People's Republic of Bangladesh in 1972...From the language used in Article 102(1) of our Constitution, 'any person aggrieved' may move the High Court Division
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in the month of August. He completed class nine from
Jenkins School, and in January 1947, got re-admitted to Ballygunge Govt. High School in class ten. This time again, he could not finish the class in Ballygunge due to the partition of India. In August 1947, Abbasuddin Ahmed, Mustafa Kamal's father,
538:
Kamal felt the need of independence and autonomy of the judiciary even before 1995, when a group of judicial officers brought before the court the constitutional issue that led to the outcome of the Masdar
Hossain case. In 1994, Kamal was invited by the University of Dhaka to deliver the prestigious
336:, widely known as the 'separation of judiciary', which was a milestone in the quest for separation of power between the judiciary and the executive of the state. Kamal was a pioneer of alternative dispute resolution (ADR) in Bangladesh, and is considered by many as the 'father of ADR' in Bangladesh.
557:
In the judgement of Dr. Mohiuddin
Farooque Vs Bangladesh (Civil Appeal No. 24 of 1995), the Appellate Division of the Supreme Court of Bangladesh took a firm stand on the modern liberal trend of Public Interest Litigation leaving aside the traditional view of locus standi. The Supreme Court decided
547:
Our lawyers and Judges have long felt that the lofty fundamental principle of State policy embodied in
Article 22 of the constitution providing that the State shall ensure the separation of the judiciary from the executive organs of the state should be implemented without delay. The independence of
534:
However, the implementation was being delayed; seemingly, there was a lack of political goodwill. Justice Mustafa Kamal, after his retirement, continued to advocate the cause, and spoke boldly on the reluctance of the Executive to implement the directives of the Supreme Court of Bangladesh. After a
474:
Having completed the Bar-at-Law course, Barrister Mustafa Kamal was called to the Bar from the Hon’ble Society of Lincoln's Inn (London, UK) in 1959. He returned to Dhaka, and began his professional career as a lawyer in the same year. In 1961, he also joined the Department of Law in the University
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is a 'Quranic provision' which maintains that 'the husband', after divorce, is required to support 'the wife' for a specific period of time. A Writ Petition was filed by a Non Government Organization (NGO) seeking cancellation or amendment of the provision. The High Court gave its judgment against
567:
The implication of the judgment was that voluntary societies, representative organisations, trade unions and constitutional activists and individuals having no personal interest would now be able to test the validity of a law or an action of a public official affecting the general public by making
588:
Having long been concerned about the growing backlog of cases, which were delaying court decisions and denying justice to many, Justice Mustafa Kamal was interested in alternatives to formal litigation. Soon after his retirement as the Chief Justice of Bangladesh, Kamal headed a five-person legal
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on 1 June 1999, and took his retirement on 1 January 2000. His final judgment was on the famed Masdar Hossain case, popularly known as ‘ The separation of judiciary’, which is considered as one of the five most important cases in the constitutional history of Bangladesh.
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as a Consultant from Bangladesh. He helped introduce Alternative Dispute Resolution (ADR) in Bangladesh serving as the overall coordinator of the Legal and Judicial Capacity Building Project (L&JCBP) of the World Bank. He is titled the `Father of ADR in Bangladesh’.
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opted to migrate to Dhaka – the capital of East Pakistan. Before the partition was finalized, Kamal, for a brief period of time, took classes in Jenkins School. Finally in the later part of 1947, he moved to Dhaka along with his family, and got admitted in the
542:
Kamal's resolute stand in favour of the independence of the judiciary was evident in his first speech as the newly appointed Chief Justice of Bangladesh addressed to the members of the Supreme Court Bar Association on 1 June 1999. Kamal
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In 1948, Kamal appeared in the examination of Matric from the Dhaka Collegiate School. He stood 7th in the merit list of Dhaka Board (all of East Pakistan). He studied Intermediate in the
548:
the judiciary which is embodied in Articles 94(4) and 116A will not be meaningful at all, however, unless the judiciary enjoys both financial and administrative independence and autonomy.
451:(now a Public University of Bangladesh), and appeared in the I.A. examination in 1950. This time, he stood 5th in the merit list. In 1950, Kamal got himself admitted in the
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In September 1955, he went to England with this scholarship. He obtained an M.Sc. (ECON) in 1958 from the
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study group - formally called The Bangladesh Legal Study Group (BLSG) - with the purpose of introducing
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Hasan, Manzoor (2014). "Chief Justice Mustafa Kamal - an iconic legal giant". In Kamal, Nashid (ed.).
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Rashid, Harun (2014). "Justice Mustafa Kamal - An Asset to the Nation". In Kamal, Nashid (ed.).
435:. Kamal had to return to his previous Cooch Behar school later in the same year for there was a
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Islam, Ashfaqul (2014). "Amar Chena Ek Dyutimoy Bicharpoti ". In Kamal, Nashid (ed.).
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Kamal, Mustafa (2014). "Fulfil the people's expectations". In Kamal, Nashid (ed.).
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462:(LSE), London, UK. While he was studying for his M.Sc., Mr. Kamal joined the famed
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Cox, Phyllis (2014). "An Essay on Justice Mustafa Kamal". In Kamal, Nashid (ed.).
1055:"Justice Mustafa Kamal - One of the most talented Judges in Bangladesh's history"
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on 6 December 2005, and carried out his responsibilities until 5 December 2007.
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long period of political procrastination, the implementation started in 2007.
427:. He continued studying in that school until 1946, when he was transferred to
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Abbasi, Mustafa (2014). "Ajanito Bhaier Anneshone ". In Kamal, Nashid (ed.).
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New rules for the selection and discipline of members of the lower judiciary.
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the power of judicial review of the Supreme Court on their own standing.
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356:(now in Bangladesh). He was named by the national poet of Bangladesh
980:] (in Bengali and English). Probe Publisher. pp. 205–209.
953:] (in Bengali and English). Probe Publisher. pp. 178–183.
866:] (in Bengali and English). Probe Publisher. pp. 151–155.
744:] (in Bengali and English). Probe Publisher. pp. 151–155.
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Justice Mustafa Kamal's formal education started in Cooch Behar's
328:(Bengali: মোস্তফা কামাল; 9 May 1933 – 5 January 2015) was the 9th
1032:] (in Bengali and English). Probe Publisher. pp. 20–23.
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609:, Dhaka University (ISWR) (1934-2009). They had three daughters
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Kamal spent his early childhood in the village of Balarampur of
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according to the press release by his daughter Nashid Kamal
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Kamal died on 5 January 2015 of heart disease in Gulshan,
896:"Justice Mustafa Kamal: One of the most talented Judges"
617:, is a grammy nominated singer-songwriter and composer.
376:, is a musicologist and writer, and his younger sister,
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Kamal was born on 9 May 1933 in the village of Domar in
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Kamal's landmark judgment was on Masdar Hossain case (
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High Court Division of the Supreme Court of Bangladesh
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singer and composer. Mustafa Kamal's younger brother,
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832:] (in Bengali). Probe Publisher. pp. 79–92.
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on 1 December 1989. Justice Mustafa Kamal became the
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Appellate Division of the Supreme Court of Bangladesh
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1003:"The Case of Dr. Mohiuddin Farooque v Bangladesh"
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660:"Former Chief Justice Mustafa Kamal passes away"
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499:Kamal was also appointed as the chairman of the
466:(London, UK) and was called to the Bar in 1959.
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518:Secretary, Ministry of Finance v Masdar Hossain
380:, is a legendary playback singer and vocalist.
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765:"Mustafa Kamal, my father: Forever a warrior"
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1080:"The flame of grit and passion burns bright"
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524:A separate Judicial Service Pay Commission,
491:In the year 2000, Justice Kamal joined the
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923:. Bangladesh Supreme Court Bar Association
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684:Bangladesh Constitution: trends and issues
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894:Ahmed, Barrister Nazir (5 January 2015).
19:For other people with the same name, see
1131:Alumni of the London School of Economics
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763:Sattar, Naeela Kamal (13 January 2015).
706:. Law Journal Bangladesh. Archived from
607:Institute of Social Welfare and Research
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605:. She retired as the director of the
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1141:Supreme Court of Bangladesh justices
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591:Alternative Dispute Resolution (ADR)
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527:Amendment of the criminal procedure
332:. His landmark judgment was on the
160:April 1979 – November 1989
141:1 December 1989 – May 1999
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431:and was admitted in class nine in
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433:Ballygunge Government High School
148:High Court Division of Bangladesh
1005:. BD Law News. 22 September 2013
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129:Appellate Division of Bangladesh
1191:20th-century Bangladeshi judges
1121:People from Nilphamari District
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792:"Justice Mustafa Kamal no more"
601:Kamal was married to professor
1156:Dhaka Collegiate School alumni
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662:. bdnews24.com. 5 January 2015
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21:Mustafa Kamal (disambiguation)
1:
704:"Chief Justice Mustafa Kamal"
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584:'Father of ADR' in Bangladesh
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244:, Naeela Kamal, Nazeefa Monem
1151:Burials at Azimpur Graveyard
1146:Chief justices of Bangladesh
501:Law Commission of Bangladesh
360:after the Turkish President
7:
1166:Jagannath University alumni
485:Chief Justice of Bangladesh
412:, the capital of erstwhile
330:Chief Justice of Bangladesh
54:Chief Justice of Bangladesh
16:Chief Justice of Bangladesh
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1126:University of Dhaka alumni
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384:Early life and education
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1060:. The Financial Express
681:Kamal, Mustafa (1994).
512:Separation of judiciary
442:Dhaka Collegiate School
1136:Bangladeshi barristers
1026:Chiro Unnoto Momo Shir
974:Chiro Unnoto Momo Shir
947:Chiro Unnoto Momo Shir
860:Chiro Unnoto Momo Shir
826:Chiro Unnoto Momo Shir
687:. University of Dhaka.
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400:and now a district of
1084:The Business Standard
921:"Masdar Hossain Case"
738:Cira unnata mama śira
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444:to finish class ten.
362:Mustafa Kemal Atatürk
1030:High ever is my head
978:High ever is my head
951:High ever is my head
864:High ever is my head
830:High ever is my head
742:High ever is my head
374:Mustafa Zaman Abbasi
273:Mustafa Zaman Abbasi
1181:Bangladeshi Muslims
1176:Bangladeshi lawyers
453:University of Dhaka
370:Bengali Renaissance
334:Masdar Hossain case
298:University of Dhaka
624:at the age of 81.
507:Landmark judgments
368:, was a legendary
364:. Kamal's father,
710:on 8 October 2017
425:Bengal Presidency
358:Kazi Nazrul Islam
350:Bengal Presidency
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202:(aged 81–82)
185:Bengal Presidency
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77:Shahabuddin Ahmed
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42:মোস্তফা কামাল
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35:Mustafa Kamal
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1088:. Retrieved
1086:. 2023-03-08
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1062:. Retrieved
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800:. Retrieved
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712:. Retrieved
708:the original
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611:Nashid Kamal
600:
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242:Nashid Kamal
207:, Bangladesh
200:(2015-01-05)
155:
136:
116:Succeeded by
72:Appointed by
61:
1116:2015 deaths
1111:1933 births
615:Armeen Musa
402:West Bengal
398:British Raj
396:during the
390:Cooch Behar
223:Bangladeshi
220:Nationality
104:Preceded by
1105:Categories
1090:2023-03-11
643:References
493:World Bank
340:Background
312:Occupation
290:Alma mater
177:9 May 1933
1064:15 August
1038:896361451
1009:16 August
986:896361451
959:896361451
927:14 August
905:14 August
872:896361451
838:896361451
767:. New Age
750:896361451
714:14 August
416:in 1947.
275:(brother)
266:Relatives
156:In office
137:In office
83:President
62:In office
802:3 August
771:3 August
666:2 August
348:of the
281:(sister)
258:(father)
238:Children
577:'Iddat'
543:stated:
429:Kolkata
179:Domar,
1036:
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470:Career
315:Jurist
249:Parent
228:Spouse
1058:(PDF)
1028:[
976:[
949:[
862:[
828:[
740:[
628:Notes
622:Dhaka
572:Iddat
410:Dhaka
406:India
205:Dhaka
1066:2016
1034:OCLC
1011:2016
982:OCLC
955:OCLC
929:2016
907:2016
868:OCLC
834:OCLC
804:2016
773:2016
746:OCLC
716:2016
668:2016
392:- a
195:Died
174:Born
52:9th
352:in
1107::
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994:^
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633:1.
404:,
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