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High Court originated historically from the High Courts
Act of 1861. During the Company rule there was a Supreme Court in Calcutta
representing the British crown with its jurisdiction over all Europeans
living in Bengal and all native citizens of Calcutta only. The highest
court of the company's Bengal kingdom was the Sadar Adalat which had two
divisions, Sadar Diwani Adalat and Sadar Nizamat Adalat. The Sadar Adalat
represented the Company. The judges of the Sadar Adalat were the members
of the Covenanted Civil Service. Though the judges of the Adalat consisted
of Europeans, the laws that they administered were essentially Indian.
The Sadar Adalat had no jurisdiction over the Europeans nor the Supreme
Court over the natives outside of Calcutta. Such a duality of jurisdiction
was abolished with the abolition of the east
india company in 1858 when the Crown took over the responsibility
of administering British India.
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High Court Building (New),
Dhaka |
Courtesy:
Md Zahirul Islam |
The High Courts Act of 1861 provided for one High Court
at each presidency of British India. The former Supreme Court and Sadar
Adalat were replaced by the High Court. The High Court dispensed justice
according to a uniform system of civil
procedure code, criminal
procedure code and Penal Code. The High Court of Calcutta had
all Bengal jurisdiction even after the partition
of bengal in 1905. Under the Government of India Act of 1935
every province got a High Court and a Federal Court at the centre.
After the partition of India (1947) a high court was
established in Dhaka under the Pakistan (Provisional Constitution) Order
1947. Under the Indian Independence Act, the constitutent
assmebly of pakistan got the powers and functions of the Indian
central legislature under the Government of India Act (1935). This Act,
which became the Pakistan (Provisional Constitution) Order, provided a
High Court in each of the provinces of British India. Now East Bengal,
as a province of Pakistan, got a High Court in Dhaka, the capital of the
province. The Constituent Assembly amended the Act of 1935 in 1954 and
provided that every High Court shall have power throughout the territories
in relation to which it exercises jurisdiction to issue to any person
or authority, including in appropriate cases any government within these
territories writs, including writs in the nature of habeas corpus, mandamus,
prohibition, quo-warranto and certiorari or any of them (Section 223A).
The jurisdiction, power and functions of the High Court as laid down under
the Constitution of 1956 changed considerably under the Constitution of
1962.
Under the constitution
of the People's Republic of Bangladesh there is no provision
for any separate High Court as it was during Pakistan period. Bangladesh
Constitution provided that there shall be a Supreme Court for Bangladesh
(to be known as the Supreme Court of Bangladesh) comprising the Appellate
Division and the High Court Division. The High Court Division shall have
such original, appellate and other jurisdiction, power and functions as
are or may be conferred upon it by the Constitution of Bangladesh. [Sirajul
Islam] |
